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

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Federal Courts - 1st Circuit Court of Appeals - August 26 - August 27, 2008

Schwartz v. Schwartz (In re Schwartz), BAP NO. MB 08-001, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, August 26, 2008, Decided
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Overview: The district court properly dismissed for lack of subject matter jurisdiction a complaint brought by a Chapter 7 debtor's former wife, who sought to hold the debtor liable under an Form I-864 Affidavit of Support, because the action was barred by either the Rooker-Feldman doctrine or res judicata.

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Datau v. Mukasey, No. 07-1996, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 27, 2008, Decided
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Overview: Where a Christian alien from Indonesia alleged that Muslims harassed her and her church, her asylum claim was properly denied under 8 U.S.C.S. ?? 1101 and 1252 because, inter alia, the harassment she described fell short of proving either past persecution or a well-founded fear of future persecution; withholding of removal and CAT claims failed.

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Fid. & Guar. Ins. Co. v. Star Equip. Corp., No. 07-1999, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 27, 2008, Decided
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Overview: In a surety's suit against a contractor and its principals, a settlement memorandum of understanding was properly enforced as a settlement agreement because, inter alia, the terms were not contingent on the successful outcome of further negotiations to resolve the indemnification issue; also, the surety was entitled to indemnification.

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United States v. Sanchez-Badillo, Nos. 05-1800, 05-2045 and 05-2047, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 27, 2008, Decided
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Overview: Defendants were properly convicted of drug conspiracy and firearm offenses since evidence was sufficient to show single conspiracy despite two distribution locations, one defendant's continued possession of firearm permitted inference of knowledge of obliterated serial number, and inadvisable judicial comment did not shift burden of proof.

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United States v. Yelaun, No. 07-1651, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 27, 2008, Decided
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Overview: Defendant's fraud related convictions under 18 U.S.C.S. ?? 1341, 1347, 371, and 1956(h) were upheld because, inter alia, evidence of defendant's bad character was admissible pursuant to Fed. R. Evid. 404 given that it was relevant to show that he had frightened a doctor, who then willingly participated in fraud, on a prior occasion.

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