1st Circuit Court of Appeals, April, 2008, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - April 10 - April 11, 2008

Aroesty v. Bankowski (In re Aroesty), BAP NOS. MB 07-048, 07-049, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, April 10, 2008, Decided
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Overview: Where a debtor re-obtained legal titled to her residence and recorded a new homestead exemption within 1215 days prior to filing her Chapter 13 petition, her claimed homestead exemption under Mass. Gen. Laws. ch. 188, ? 1, was limited to $ 125,000 pursuant to 11 U.S.C.S. ? 522(p)(1).

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ESSO Std. Oil Co. (P.R.) v. Lopez-Freytes, No. 07-1218, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 10, 2008, Decided
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Overview: Issuance of a permanent injunction was affirmed because the case involved evidence that the Puerto Rico Environmental Quality Board's decisionmaking process with respect to the company was constitutionally infirm and it was clear from the opinion that the injunction was crafted to target the biased penalty proceedings against the company.

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Rio Mar Assocs., LP v. UHS of P.R., Inc., Nos. 07-1868, 07-2005, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 10, 2008, Decided
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Overview: In a negligence case, where a Pierringer release with a hospital was not disclosed until the first phase of a bifurcated trial against a hotel concluded, denial of a Fed. R. Civ. P. 59(e) motion and rulings foreclosing a second-phase allowing the hotel's claim against the hospital were improper because the verdict addressed damages caused by both.

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United States v. Godin, No. 06-1749, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 10, 2008, Decided
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United States v. Lopez-Matias, No. 07-1662, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 10, 2008, Decided
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Overview: Because the U.S. Attorneys' Manual could not create substantive rights for defendants, and the district court did not allude to any prejudice caused by the government's failure to abide by D. P.R. R. 144.2(b), which required it to file a Certificate of Death Penalty Case, the order striking the Notice of Intent to Seek a Death Sentence was vacated.

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United States v. Vilches-Navarrete, No. 06-1942, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 10, 2008, Decided
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Overview: Convictions for possession with intent to distribute cocaine, a violation of 46 U.S.C.S. ? 70503, and related conspiracy charge under 46 U.S.C.S. ? 70506(b), were affirmed because 46 U.S.C.S. ? 70504(a)'s allocation of question whether vessel was subject to U.S. jurisdiction to a court rather than to jury did not violate Fifth or Sixth Amendments.

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United States v. Jones, No. 06-2472, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 11, 2008, Decided
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Overview: Two-level increase under U.S.S.G. ? 3B1.1(c) due to the relative importance of defendant's role in the offense was affirmed where there was an abundance of evidence in the record to support the sentencing court's finding that defendant coordinated the actions of a number of drug sellers and controlled the supply of the drugs to those persons.

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United States v. Marin, No. 06-1912, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 11, 2008, Decided
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Overview: In addition to the proximity of the gun to the cocaine and paraphernalia, as well as it being easily accessed by defendant when he was vulnerable, the fact that defendant admitted that he purchased the gun from another cocaine dealer supported his conviction of possessing a firearm in furtherance of drug trafficking under 18 U.S.C.S. ? 924(c).

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United States v. Van Anh, Nos. 07-1010, 07-1011, 07-1012, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 11, 2008, Decided
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Overview: Convictions and sentences for conspiring to use or using extortionate means to collect an extension of credit in violation of 18 U.S.C.S. ?? 894 and 2 were affirmed because, although the court did not endorse jury instruction regarding reasonable doubt, it rejected defendants' claim of error as to instruction and their five additional challenges.

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