Constitutional Law—Congress’s Authority to Abrogate State’s Eleventh Amendment Immunity Under Title II—Toledo v. Sanchez, 454 F.3d 24 (1st Cir. 2006), cert. denied No. 06-779, 2007 WL 789372 (U.S. Mar. 19, 2007)

The Eleventh Amendment prohibits private individuals from suing nonconsenting states in federal court. Congress, however, may abrogate a state’s Eleventh Amendment immunity under certain conditions. In Toledo v. Sanchez, the United States First Circuit Court of...

Criminal Law—Federal Sentencing Guidelines Remain an Important Consideration in the Sentencing Process—United States v. Jimenez-Beltre, 440 F.3d 514 (1st Cir. 2006)

In 1984, Congress enacted the Sentencing Reform Act (SRA) with the purpose of restoring fairness, consistency, and proportionality to the practice of sentencing in the federal courts.  Pursuant to the SRA, Congress adopted the Federal Sentencing Guidelines...

Immigration Law—Nunc Pro Tunc Relief Unavailable Where Erroneous Legal Interpretation Rendered Alien Ineligible for Deportation Waiver—Pereira v. Gonzales, 417 F.3d 38 (1st Cir. 2005)

An alien convicted of an aggravated felony is deportable from the United States.  Under former section 212(c) of the Immigration and Nationality Act (INA), however, certain classes of lawful permanent residents convicted of deportable offenses are eligible to apply...
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