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

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Federal Courts - 1st Circuit Court of Appeals - July 27 - July 30, 2007

Allen v. Conlon, No. 06-2300, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 27, 2007, Decided
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Overview: Landowners' 42 U.S.C.S. ??1983 class of one claim against a town, in which they claimed that their Equal Protection rights were violated by zoning, environmental, and licensing restrictions was properly summarily dismissed as they failed to show that others were similarly situated; their proposed project was materially different than a neighbor's.

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United States v. Gil-Carmona, No. 05-1425, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 27, 2007, Decided
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Overview: Defendant's conviction under Maritime Drug Law Enforcement Act was affirmed because any error by district court in failing to submit to jury issue of jurisdiction over defendant's vessel was harmless as record established beyond reasonable doubt that jurisdiction over vessel existed under 46 U.S.C.S. ? 70502(c)(1)(F)(iii).

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United States v. Sampson, No. 04-6001, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 27, 2007, Entered
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United States v. Sampson, No. 04-6001, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 27, 2007, Entered
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Campos-Javier v. Gonzales, No. 06-1265, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 30, 2007, Decided
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Overview: When an alien's claim of ineffective assistance of counsel in the removal proceedings against him was denied, as was his motion to reopen, his petition for review was denied too as notice requirements were not satisfied by his filing of allegations with an attorney disciplinary committee; also, notice had to be afforded before the motion to reopen.

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McGarry v. Chew (In re Chew), No. 06-2123, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 30, 2007, Decided
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Overview: Where siblings, who were referred to as creditors, objected to a debtor's claimed homestead exemption under 11 U.S.C.S. ? 522(b), their claims were properly barred under principles of claim preclusion due to their prior state court claims as they should have waged their constructive state law claims in state court proceedings when they were ripe.

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Quinones-Torres v. United States, No. 06-1148, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 30, 2007, Decided
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Overview: An inmate's 28 U.S.C.S. ??2255 petition, postjudgment motions, and request for a COA were properly denied as, inter alia, while his counsel did not object to the PSR, he failed to show a basis for doing so; he entered into a binding Fed. R. Crim. P. 11(c)(1)(C) plea agreement with the Government, and he received the sentence for which he bargained.

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Ruiz v. Bally Total Fitness Holding Corp., No. 06-2254, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 30, 2007, Decided
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Overview: A consumer had standing under Mass. Gen. Laws ch. 93, ? 86 to contest her contract with a health club as, if it was unenforceable, her obligation to make payments was a cognizable injury; but the contract did not violate Mass. Gen. Laws ch. 93, ? 80 as it did not require financing beyond its terms-the consumer chose to finance her membership fee.

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