1st Circuit Court of Appeals, February, 2009, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - February 26 - February 27, 2009

Ordonez-Garcia v. Holder, No. 08-1250, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 26, 2009, Decided
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United States v. Cushing (In re Cushing), BAP NO. MB 08-018, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 26, 2009, Decided
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United States v. Cushing (In re Cushing), BAP NO. MB 08-018, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 26, 2009, Decided
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Overview: Bankruptcy court's denial of the government's motion to dismiss under 11 U.S.C.S. ? 1307 was reversed because debtor did not file her tax return before the 11 U.S.C.S. ? 341 meeting, as required by 11 U.S.C.S. ? 1308 and the trustee did not leave the ? 341 meeting open so that the debtor would have more time to file the return.

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United States v. Glover, No. 07-1983, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 26, 2009, Decided
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Overview: Defendant's conviction and sentence for being a felon in possession of a firearm under 18 U.S.C.S. ? 922 were upheld because the prosecutor's statements during closing argument were not improper, his sentence was reasonable, and a prior conviction for assault and battery with a dangerous weapon was properly classified as a crime of violence.

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United States v. Nutter, No. 08-1279, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 26, 2009, Decided
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Overview: Trial court correctly concluded that it had to impose a 10-year minimum sentence on a using fire to commit mail fraud count under 18 U.S.C.S. ? 844(h)(1) consecutive to a five-year minimum on arson count under ? 844(i), as, while defendant argued that sentence was greater than necessary to serve sentencing purposes, courts had to abide by minimums.

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United States v. Rivera, No. 07-2687, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 26, 2009, Decided
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Espinoza v. Sabol, No. 08-1712, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 27, 2009, Decided
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Overview: A prisoner's habeas petition was properly dismissed because he failed to show that the BOP erred in not crediting him for time spent at liberty and in determining that his new sentence ran consecutively to his old sentence. He failed to show that the "at liberty" doctrine applied or that he was not subject to 18 U.S.C.S. ? 3548(a)'s presumption.

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First Specialty Ins. Corp. v. Am. Home Assur. Co., No. 08-1244, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 27, 2009, Decided
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Overview: Recovery pursuant to general commercial liability policy was denied as to damages to a tug, a barge, and cleanup costs because these arose from accidental occurrence involving operation of barge. A "watercraft" exclusion in policy applied to barge being pulled by a tug. Moving barge by application of force created by the tug constituted operation.

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Poirier v. Mass. Dep't of Corr., No. 08-1290, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 27, 2009, Decided
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Overview: Prison guard's ? 1983 case was properly dismissed as, while she claimed her right to have a relationship with a former inmate was a fundamental liberty interest under the Fourteenth Amendment deserving of strict scrutiny protection, she did not define the relationship, and even cohabitation between unmarried adults did not fall in to that category.

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