U.S. Court of Appeals for the First Circuit Cases ©     Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnvironmental LawFamily LawFirst AmendmentImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsTaxation Santos LOPEZ PEREZ et al., Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.1, November 20, 2009 Petition for Review of an Order of the Board of Immigration Appeals. Lidia M. Sanchez on brief for petitioners. Tony West, Assistant Attorney General, Civil Division, Linda S. Wernery, Assistant Director, Office of Immigration Litigation, and Susan Bennett Green, Trial Attorney, Office of Immigration Litigation, on brief for respondent. SELYA, Circuit Judge. This is a petition for judicial review of a final order of the Board of Immigration Appeals (BIA) denying relief to, and comma... UNITED STATES oF America, Appellee, v. Daniel W. McELROY and Aimee J. King McElroy, Defendants, Appellants. , C.A.1 (Mass.), November 20, 2009 Appeals from the United States District Court for the District of Massachusetts, Richard G. Stearns, U.S. District Judge. James L. Sultan, with whom Charles W. Rankin, Kerry A. Haberlin, and Rankin & Sultan were on brief for the appellants. John-Alex Romano, Attorney, Criminal Division, U.S. Department of Justice, with whom Michael K. Loucks, Acting United States Attorney, and Jonathan F. Mitchell, Assistant United States Attorney, were on brief for the appellee. RIPPLE, Circuit Judge... IN RE PHARMACEUTICAL INDUSTRY AVERAGE WHOLESALE PRICE LITIGATION M. Joyce Howe, Plaintiff, Appellant, v. Leroy Townsend, Plaintiff, Appellee. , C.A.1 (Mass.), November 19, 2009 Appeal from the United States District Court for the District of Massachusetts, Patti B. Saris, U.S. District Judge. Donald E. Haviland with whom Michael J. Lorusso and The Haviland Law Firm, LLC were on brief for the appellant. Steve Berman with whom Sean R. Matt, Thomas M. Sobol, Edward Notargiacomo, Hagens Berman Sobol Shapiro LLP, Kenneth R. Wexler, Jennifer Fountain Connolly, Wexler Wallace LLP, Jeffrey Kodroff, John A. Marcoretta, Spector, Roseman, Kodroff & Willis P.C., Marc H. Ede... Daniel DeBURGO, Petitioner, Appellant, v. Peter ST. AMAND, Superintendent, M.C.I. Cedar Junction, Respondent, Appellee. , C.A.1 (Mass.), November 19, 2009 Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, U.S. District Judge. Elizabeth Doherty, by Appointment of the Court, for petitioner. Argie K. Shapiro, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief for respondent. STAHL, Circuit Judge. Daniel DeBurgo seeks habeas review of his 2003 Massachusetts state conviction on two counts of armed assault with intent to murder and assault and battery by means of... Sylvia DIFFENDERFER, on behalf of herself and as a representative of the class herein defined; Robert McCarroll, on behalf of himself and as a representative of the class herein defined, Plaintiffs, Appellees/Cross-Appellants, v. Ramon E. GOMEZ-COL, C.A.1 (Puerto Rico), November 19, 2009 Appeals from the United States District Court for the District of Puerto Rico, Jose A. Fuste, Chief Judge. Noel S. Gonzalez-Miranda with whom Gonzalez Miranda & Gonzalez Abella PSC was on brief for appellants. Eliezer Aldarondo Ortiz with whom Eliezer A. Aldarondo and Aldarondo & Lopez Bras were on brief for appellees-cross-appellants. LYNCH, Chief Judge. Two issues are presented in the aftermath of a prior appeal in a civil rights case that has become moot due to legislative action. T... Adam JENNINGS, Plaintiff, Appellant, v. Kenneth JONES, Defendant, Appellee. , C.A.1 (R.I.), November 19, 2009 Appeal from the United States District Court for the District of Rhode Island, Ernest C. Torres, U.S. District Judge. Charles M. Bradley for appellant. Rebecca Tedford Partington, Deputy Chief, Civil Division, with whom John Moreira, Special Assistant Attorney General, was on brief for appellee. LYNCH, Chief Judge. In the second appearance of this case here, the question is whether the trial court abused its discretion in granting a motion for a new trial, after a remand from this c... BOSTON GAS COMPANY, d/b/a Keyspan Energy Delivery, Plaintiff, Appellee, v. CENTURY INDEMNITY COMPANY, Defendant, Appellant. Certain Underwriters at Lloyd's London; Certain London Market Insurance Companies; Travelers Casualty And Surety Company; A, C.A.1, November 18, 2009 David L. Elkind, Barry J. Fleishman, John A. Gibbons, Mark H. Kolman, Kenneth B. Trotter, Dickstein Shapiro LLP, Washington, DC, Martin C. Pentz, Foley Hoag LLP, Boston, MA, for Plaintiff, Appellee. Guy A. Cellucci, White & Williams LLP, Philadelphia, PA, David B. Chaffin, White and Williams LLP, Boston, MA, Barry H. Goldstein, Shane R. Heskin, Jeehae Jennifer Koh, O'Melveny & Myers, New York, NY, Paul R. Koepff, Brooklyn, NY, John A. Nadas, Choate, Hall & Stewart, Boston, MA, Laura A. Foggan... UNITED STATES of America ex rel. Gordon F.B. ONDIS, Relator, Appellant, v. CITY OF WOONSOCKET Et Al., Defendants, Appellees. , C.A.1 (R.I.), November 18, 2009 Appeal from the United States District Court for the District of Rhode Island, Ernest C. Torres, U.S. District Judge. Leon A. Blais, with whom Blais & Parent was on brief, for appellant. Michael B. Galvin, with whom Justin P. O'Brien and Dwyer & Collora LLP were on brief, for appellees. SELYA, Circuit Judge. Invoking the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, a local real estate developer brought a qui tam action against the City of Woonsocket, Rhode Island (the City), and ... Robert PERKINS, Petitioner, Appellant, v. Lois RUSSO, Respondent, Appellee. , C.A.1 (Mass.), November 18, 2009 Appeal from the United States District Court for the District of Massachusetts, Mark L. Wolf, U.S. District Judge. Robert Perkins on brief pro se. Argie K. Shapiro, Assistant Attorney General, Criminal Bureau, James J. Arguin, Assistant Attorney General, Criminal Bureau, and Martha Coakley, Attorney General, on brief for respondent. BOUDIN, Circuit Judge. Robert Perkins is currently serving a twenty-five-to-forty-year sentence in state prison for his conviction on charges related t... Markdale WINDROSS, Plaintiff-Appellant, v. BARTON PROTECTIVE SERVICES, INC., Defendant-Appellee, Jeremy Campbell; Mark Ethridge, Defendants. , C.A.1 (Mass.), November 17, 2009 Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, U.S. District Judge. Brailey E. Newton for appellant. David C. Hamilton for appellee. JOHN R. GIBSON, Circuit Judge. This employment case, brought under state law and removed to federal court, involves charges of discrimination, retaliatory harassment, and hostile work environment pursuant to Massachusetts General Laws chapter 151B. The district court entered summary judgment for the defen... UNITED STATES of America, Appellee, v. Ronald PENA, Defendant, Appellant. , C.A.1 (Mass.), November 17, 2009 Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, U.S. District Judge. Mary A. Davis, by Appointment of the Court, with whom Tisdale & Davis, P.A., was on brief for appellant. Mark T. Quinlivan, Assistant U.S. Attorney, with whom Michael K. Loucks, Acting United States Attorney, was on brief for appellee. STAHL, Circuit Judge. Defendant-Appellant Ronald Pena appeals both his conviction and sentence for possession of cocaine base with int... Zoraida MONTALVO, Individually and as Administratrix of the Estate of Juana Montalvo Colon, Plaintiff, Appellant, v. Carlos GONZALEZ-AMPARO, M.D., Jane Doe, Conjugal Partnership Gonzalez-Doe, David Rivera-Jimenez, M.D., Lilliam I. Velez, Conjugal P, C.A.1 (Puerto Rico), November 16, 2009 Appeal from the United States District Court for the District of Puerto Rico, Jose A. Fuste, U.S. District Judge. Tania M. Pagan with whom The Pagan Law Firm, P.C. was on brief for appellant. Hector E. Ramirez-Carbo with whom Ramonita Dieppa Gonzalez and Vivas & Vivas Law Office were on brief for appellees. LEVAL, Circuit Judge. Plaintiff Zoraida Montalvo (hereinafter "Zoraida" or the "daughter") appeals from the judgment of the United States District Court for the District of Puert... SOUTH BAY BOSTON MANAGEMENT, INC., Plaintiff, Appellant, v. UNITE HERE, Local 26, Defendant, Appellee. , C.A.1 (Mass.), November 12, 2009 Appeal from the United States District Court for the District of Massachusetts, Hon. Edward F. Harrington, U.S. Senior District Judge. Gregory C. Keating, with whom John D. Doran and Ronald S. Allen were on brief, for Appellant. Paul L. More, with whom Michael T. Anderson was on brief, for Appellee. GAJARSA, Circuit Judge. South Bay Boston Management, Inc. ("South Bay" [FN2]) appeals from a final judgment of the United States District Court for the District of Massachusetts that w... Charles THORNTON, Plaintiff, Appellant, v. UNITED PARCEL SERVICE, INC., Defendant, Appellee. , C.A.1 (Mass.), November 12, 2009 Appeal from the United States District Court for the District of Massachusetts, Richard G. Stearns, U.S. District Judge. Michael Tumposky, with whom Stephen B. Hrones was on brief, for Appellant. Elizabeth A. Kowal, with whom Susan J. Baronoff was on brief, for Appellee. GAJARSA, Circuit Judge. Charles Thornton appeals from a final judgment of the United States District Court for the District of Massachusetts that was entered upon the court's grant of summary judgment to United Par... Andrea J. CABRAL, Suffolk County Sheriff's Department; Suffolk County, Plaintiffs, Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant, Appellee. John Porter, Sr., as Personal Representative of the Estate of Sheila Porter, Plaintiff, App, C.A.1 (Mass.), November 12, 2009 Appeals from the United States District Court for the District of Massachusetts, Douglas P. Woodlock, U.S. District Judge. Ellen M. Caulo, Deputy General Counsel, for appellants. Lowell V. Sturgill, Jr., Attorney, Appellate Staff, Civil Division, with whom Tony West, Assistant Attorney General, Michael K. Loucks, Acting United States Attorney, and Michael S. Raab, Attorney, was on brief for appellee U.S. Department of Justice. Joseph F. Savage, Jr., with whom James Sweet and Goodwin Proct... Senly SUGIARTO, Jemmy Korompis, and Jeisy Vanya Korompis, Petitioners, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. , C.A.1, November 10, 2009 On Petition for Review of An Order of the Board of Immigration Appeals. Armin A. Skalmowski, on brief for petitioners. Julia J. Tyler, Trial Attorney, Office of Immigration Litigation, Civil Division, Tony West, Assistant Attorney General, Civil Division, and Barry J. Pettinato, Assistant Director, on brief for respondent. TORRUELLA, Circuit Judge. Petitioner, Senly Sugiarto, a practicing Christian of Indonesian nationality, seeks review of a decision by the Board of Immigration App... UNITED STATES of America, Appellee, v. Richard VILLAR, Defendant, Appellant. , C.A.1 (N.H.), November 10, 2009 Appeal from the United States District Court for the District of New Hampshire, Paul J. Barbadoro, U.S. District Judge. Mark L. Stevens, Esq., for appellant. Aixa Maldonado-Quiones, Assistant United States Attorney, with whom Michael J. Gunnison, Acting United States Attorney, was on the brief for appellee. SARIS, District Judge. After a jury trial, Defendant-appellant Richard Villar, a Hispanic man, was convicted of bank robbery. Hours following his conviction, defense counsel rec... Marilyn KUNELIUS, Plaintiff, Appellant, v. TOWN OF STOW; The Trust for Public Land; Craig A. MacDonnell, in his individual capacity, Defendants, Appellees, A Partnership of Unknown Name Between Town of Stow and the Trust for Public Land, Defendant, C.A.1 (Mass.), November 9, 2009 Holdings: The Court of Appeals, Howard, Circuit Judge, held that: (1) liquidated damages clause inured to benefit of town and trust; (2) liquidated damages clause was valid; and (3) trust was not engaged in "trade or commerce" under Massachusetts consumer protection statute. Affirmed. Appeal from the United States District Court for the District of Massachusetts, George A. O'Toole, Jr., U.S. District Judge. Michael C. McLaughlin for appellant. Richard A. Oetheimer, with whom ... In re Nelson J. SMITH, Debtor. Nelson J. Smith, Appellee, v. Rita M. Pritchett, Appellant. , C.A.1, November 6, 2009 Appeal from the Bankruptcy Appellate Panel for the First Circuit. Clifford P. Gallant, Jr., with whom Beliveau, Fradette, Doyle & Gallant, P.A., was on brief for appellant. Mark P. Cornell, with whom Kelly Ovitt Puc and Cornell and Ovitt Puc, PLLC, was on brief for appellee. TORRUELLA, Circuit Judge. This is an appeal of an order of the Bankruptcy Appellate Panel ("BAP") reversing an order of the Bankruptcy Court. The BAP held that a late payment penalty was not a domestic support o... JIA DUAN DONG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. , C.A.1, November 6, 2009 Petition for Review of an Order of the Board of Immigration Appeals. Theodore N. Cox on brief for petitioner. Manuel A. Palau, Trial Attorney, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, and Terri J. Scadron, Assistant Director, on brief for respondent. LIPEZ, Circuit Judge. Petitioner Jia Duan Dong, a citizen of China, seeks review of a decision of the Board of Immigration Appeals ("BIA") affirming the denial of his application for asylum... UNITED STATES of America, Appellee, v. Kelmit OQUENDO-RIVERA, Defendant, Appellant. , C.A.1 (Puerto Rico), November 5, 2009 Appeal from the United States District Court for the District of Puerto Rico, Jose Antonio Fuste, U.S. District Judge. Hector L. Ramos-Vega, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, was on brief for appellant. Julia M. Meconiates, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, and Nelson Perez-Sosa, Assistant United States Attorney, Chief Appellate Division, were on brief for appellee. ... UNITED STATES of America, Appellee, v. Philjon EISOM, Defendant, Appellant. , C.A.1 (Me.), November 5, 2009 Holdings: The Court of Appeals, Selya, Circuit Judge, held that: (1) defendant waived on appeal any objection to the inclusion as relevant conduct of drugs and cash seized by state law enforcement authorities in determining his federal sentence, and (2) drugs and cash seized by state law enforcement authorities from defendant's home were properly included as relevant conduct in determining federal sentence. Affirmed. Appeal from The United States District Court for The District of Ma... Janeen MILLER; James Mahood, Plaintiffs, Appellants, v. Kristen NICHOLS; Brenda Harvey, in her capacity as Commissioner of the Maine Department of Health and Human Services, Defendants, Appellees. , C.A.1 (Me.), November 4, 2009 Appeal from the United States District Court for the District of Maine, George Z. Singal, U.S. District Judge. Eric H. Mehnert with whom Hawkes & Mehnert, LLP, were on brief for appellant. Melissa Reynolds O'Dea, Assistant Attorney General, with whom Janet T. Mills, Attorney General of Maine, and Paul Stern, Deputy Attorney General, were on brief for the appellees. LYNCH, Chief Judge. Plaintiffs are the parents of a child removed from them by the state after extensive proceedings r... Mackendy GOURDET, Petitioner, v. Eric H. HOLDER, [FN*] Respondent. FN* Pursuant to Fed. R.App. P. 43(c)(2), Attorney General Eric H. Holder, Jr. has been substituted for former Attorney General Michael B. Mukasey as the respondent., C.A.1, November 4, 2009 Holdings: The Court of Appeals, Lipez, Circuit Judge, held that: (1) Haiti's substandard detention conditions did not amount to torture under the CAT, and (2) Haitian authorities' striking of detainees did not amount to torture. Petition denied. On Petition for Review of an Order of the Board of Immigration Appeals. Jeffrey B. Rubin on brief for petitioner. Stefanie Notarino Hennes, Trial Attorney, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney Ge... OMNIPOINT HOLDINGS, INC., Plaintiff, Appellee, v. CITY OF CRANSTON; the Zoning Board of Review of the City of Cranston; Joy Montanaro, Member, City of Cranston Zoning Board of Review; Edward Dimuccio, Member, City of Cranston Zoning Board of Review, C.A.1 (R.I.), November 3, 2009 Appeal from the United States District Court for the District of Rhode Island, Mary M. Lisi, U.S. District Judge. Jeffrey S. Michaelson with whom Michaelson & Michaelson were on brief for appellants. William A. Worth with whom Thomas M. Elcock and Prince, Lobel, Glovsky & Tye LLP were on brief for appellees. LYNCH, Chief Judge. In this case a wireless carrier was denied a variance and special use permit by the Cranston Zoning Board of Review to build a wireless communications tower in ... Derek GLACKEN, Petitioner, Appellant, v. Thomas DICKHAUT, Superintendent, Souza Baranowski Correctional Facility, Respondent, Appellee. , C.A.1 (Mass.), November 3, 2009 Appeal from The United States District Court for the District of Massachusetts, William G. Young, U.S. District Judge. Joseph J. Balliro, Jr., and Balliro & Mondano, on brief for appellant. Martha Coakley, Attorney General and Anne M. Thomas, Assistant Attorney General, Criminal Bureau, on brief for appellee. HOWARD, Circuit Judge. Following a jury trial in Massachusetts Superior Court, Derek Glacken ("Glacken") was convicted of first degree murder by reason of extreme atrocity or... SONORAN SCANNERS, INC.; Joseph P. Donahue, Plaintiffs, Appellants, v. PERKINELMER, INC., Defendant, Appellee. , C.A.1 (Mass.), October 29, 2009 Appeal from the United States District Court for the District of Massachusetts, William G. Young, U.S. District Judge. Edward T. Dangel, III, with whom Dangel & Mattchen, LLP, was on the brief, for appellants. Jonathan Isaac Handler, with whom Jillian B. Hirsch and Day Pitney, LLP, was on the brief, for appellee. DYK, Circuit Judge. Plaintiffs Joseph P. Donahue ("Donahue") and Sonoran Scanners, Inc. ("Sonoran") appeal from an order of the United States District Court for the Distr... Andres GUILLEMARD-GINORIO; Maria M. Noble-Fernandez; Conjugal Partnership Guillemard-Noble; Lone Star Insurance Producers, Inc., Plaintiffs, Appellees, Jorge R. URRUTIA-VALLES; Carolyne J. Wiewall-Navas; Conjugal Partnership Urrutia-Wiewall' Urrutia, C.A.1 (Puerto Rico), October 29, 2009 Appeal from the United States District Court for the District of Puerto Rico, Juan M. Perez-Gimenez, U.S. Senior District Judge. Carlos A. Del Valle-Cruz, Special Counsel, Department of Justice, with whom Roberto J. Sanchez-Ramos, Secretary of Justice, Commonwealth of Puerto Rico, and Maite Oronoz-Rodriguez, Acting Solicitor General, was on brief for appellants. Joseph D. Steinfield, with whom Jeffrey J. Pyle, Prince, Lobel, Glovsky & Tye, LLP, Joan S. Peters and Nachman & Guillemard, was on ... Ralph HOLDER, Plaintiff, Appellant, v. TOWN OF SANDOWN, J. Scott Currier, Jason R. Morrow, and Derek Feather, Defendants, Appellees. , C.A.1 (N.H.), October 29, 2009 Appeal from the United States District Court for the District of New Hampshire, Paul J. Barbadoro, U.S. District Judge. Sven D. Wiberg and Wiberg Law Office, PLLC, on brief, for appellant. Brian J.S. Cullen and CullenCollimore, PLLC, on brief, for appellees. RIPPLE, Circuit Judge. After he was arrested for the simple assault of his estranged wife, Ralph Holder brought this § 1983 action against the Town of Sandown, one Sandown police officer and the Sandown Chief of Police. In his c... Nulankeyutmonen NKIHTAQMIKON; David Moses Bridges; Vera Francis; Hilda Lewis; Deanna Francis; Reginald Joseph Stanley; and Mary Bassett, Plaintiffs, Appellants, v. Robert K. IMPSON, Acting Regional Director, Eastern Region, Bureau of Indian Affairs, C.A.1 (Me.), October 28, 2009 Appeal from the United States District Court for the District of Maine, John A. Woodcock, Jr., U.S. District Judge. Teresa B. Clemmer, Environmental and Natural Resources Law Clinic, Vermont Law School, with whom David K. Mears, Environmental and Natural Resources Law Clinic, Vermont Law School, was on brief for appellants. John L. Smeltzer, Department of Justice, Environment & Natural Resources Division, with whom John C. Cruden, Acting Assistant Attorney General, Sara E. Costello, M. Alice... UNITED STATES of America, Appellee, v. Emilio CORREA-ALICEA, Geraldo Santiago-Torres, Defendants, Appellants. , C.A.1 (Puerto Rico), October 27, 2009 Holdings: The Court of Appeals, Lipez, Circuit Judge, held that: (1) district court's determination that one of the defendants was individually responsible for more than 4.5 kilograms of cocaine base, was sufficiently supported by reliable evidence; (2) district court did not abuse its discretion in denying indigent defendant's motion for funds to retain a voice identification expert; (3) district court's error in not handling indigent defendant's motion for funds to retain a voice i... Pius AWUAH, Nilton Dos Santos, Geraldo Correia, Benecira Cavalcante, Denisse Pineda, Jai Prem, Aldivar Brandao, Phillip Beitz, Richard Barrientos, Marian Lewis, Stanley Stewart, and all others similarly situated, Plaintiffs, Appellees, v. COVERALL , C.A.1 (Mass.), October 27, 2009 Appeal from the United States District Court for the District of Massachusetts, William G. Young, U.S. District Judge. Michael D. Vhay with whom Paul S. Ham, Norman M. Leon, John F. Dienelt and DLA Piper LLP were on brief for appellant. Hillary Schwab with whom Harold L. Lichten, Shannon Liss-Riordan and Lichten & Liss-Riordan, P.C. were on brief for appellees. BOUDIN, Circuit Judge. This is an attempted interlocutory appeal by Coverall North America, Inc., seeking review in this c... WEAVER'S COVE ENERGY, LLC, Plaintiff, Appellee, v. RHODE ISLAND COASTAL RESOURCES MANAGEMENT COUNCIL; Michael M. Tikoian, in his capacity as Chairman of the Rhode Island Coastal Resources Management Council; Paul E. Lemont, in his capacity as Vice , C.A.1 (R.I.), October 26, 2009 On Appeal from the United States District Court for the District Of Rhode Island, William E. Smith, U.S. District Judge. Michael Rubin, Assistant Attorney General, with whom Patrick C. Lynch, Attorney General of the State of Rhode Island, Paul J. Roberti, Assistant Attorney General, Brian A. Goldman, and the Goldman Law Offices were on brief for the appellants. Carol Iancu, Assistant Attorney General, and Martha Coakley, Attorney General of Massachusetts, on brief for the Commonwealth of M... RHODE ISLAND FISHERMEN'S ALLIANCE, INC., et al., Plaintiffs, Appellants, v. RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT et al., Defendants, Appellees. , C.A.1 (R.I.), October 23, 2009 Appeal from the United States District Court for the District of Rhode Island, Mary M. Lisi, U.S. District Judge. Robert J. Caron for appellants. Sean H. Donahue and Gary E. Powers, Chief Deputy Legal Counsel, Department of Environmental Management, with whom Donahue & Goldberg, LLP, Terence J. Tierney, Special Assistant Attorney General, Mark A. McSally, and Kelly, Kelleher, Reilly & Simpson were on consolidated brief, for appellees. SELYA, Circuit Judge. This appeal brings us face... UNITED STATES of America, Appellee, v. Lorenzo CATALAN-ROMAN and Hernaldo Medina-Villegas, Defendants-Appellants. , C.A.1 (Puerto Rico), October 23, 2009 Appeals from the United States District Court for the District of Puerto Rico, Juan M. Perez-Gimenez, U.S. District Judge. Steven M. Potolsky for appellant Catalan-Roman. David Abraham Silva for appellant Medina-Villegas. Maria A. Dominguez-Victoriano and Thomas Klumper, Assistant United States Attorneys, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, and Nelson Perez-Sosa, Assistant United States Attorney, were on brief, for appellee. LIPEZ, Circuit Judge. Appell... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com