1st Circuit Court of Appeals, March, 2007, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - March 22 - March 27, 2007

Nesbit v. Rowbotham (In re Rowbotham), BAP NO. EP 06-050, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, March 22, 2007, Decided
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Overview: Bankruptcy court properly denied the creditor's motion for reconsideration on all issues, except for an issue raised about the release agreement, because the creditor had received the settlement as agreed and the creditor did not present any new issues or raise any additional legal arguments that were not addressed in the earlier proceedings.

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United States v. Bravo, Nos. 05-1144, 05-1145, No. 05-1146, No. 05-1147, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 22, 2007, Decided
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Overview: District court properly denied defendants' motion to suppress bales of marijuana seized from the vessel on the grounds that the U.S. Coast Guard lacked reasonable suspicion to stop and search the vessel, in violation of the Fourth Amendment because the Fourth Amendment did not apply to activities of the U.S. against aliens in international waters.

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Brooks v. AIG Sunamerica Life Assur. Co., No. 06-1721, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 23, 2007, Decided
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Overview: Summary judgment for insurer was proper in trustees' suit for breach of contract and unfair business practices, alleging that insurer's cost of insurance rate increases had breached policy, because trustees did not meet Massachusetts requirement that a claim describe, with substantial certainty, specific contractual promise insurer failed to keep.

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Hyde v. Massachusetts, No. 06-1777, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 23, 2007, Decided
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United States v. Torres-Velazquez, No. 05-2747, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 23, 2007, Decided
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Overview: Where evidence supported a finding that defendant knew that funds being laundered were related to a drug trade, a 6-level enhancement under USSG ? 2S1.1(b)(1) survived clear error review; the exception in ? 2S1.1 application n. 3(c) did not apply because the object of the money laundering was not limited to a violation of 18 U.S.C.S. ? 1957.

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Corey v. United States, No. 06-1174, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2007, Decided
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Overview: Dismissal of a 28 U.S.C.S. ? 2255 petition on timeliness grounds was affirmed because dates that the rules in Shepard v. United States and Crawford v. Washington were announced were not appropriate triggering dates for ? 2255's one-year limitations period and, applying date prisoner's judgment of conviction became final, the petition was untimely.

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Bishay v. Am. Arbitration Ass'n, No. 06-1953, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2007, Decided
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Overview: Given that the arbitration award that the individual sought to vacate was predominantly in the company's favor, the company was not a nominal party with no interest in the controversy. Thus, because complete diversity of citizenship between the company and the individual was absent, the court lacked jurisdiction under 28 U.S.C.S. ? 1332.

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Lopez v. Massachusetts, No. 06-1663, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2007, Decided
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Overview: Prisoner's appeal from denial of his 28 U.S.C.S. ??2254 petition was affirmed because, even if wrongful, withholding of evidence was not a basis for Brady relief unless it was prejudicial. Evidence of prisoner's guilt in murder of boy--motive, opportunity, and forensic ties--was very strong; court's confidence in the verdict was not at all shaken.

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United States v. Nieves-Castano, No. 06-1517, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2007, Decided
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Overview: 18 U.S.C.S. ? 922(q)(2)(A) was not unconstitutionally void for vagueness under the Fifth Amendment Due Process Clause because it failed to specify how to measure the 1000 foot distance from a school where the statute adequately put people potentially subject to it, including defendant, on notice that her possession of a firearm was unlawful.

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United States v. Washington, No. 06-1970, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2007, Decided
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Overview: Although the district court considered defendant's impoverished childhood and his addiction to drugs, given the scope of the correctly calculated USSG range, defendant's prolific criminal history, his lack of remorse, and the express finding that recidivism was highly predictable, the within-the-range sentence imposed was not unreasonable.

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