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

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Federal Courts - 1st Circuit Court of Appeals - September 17 - September 19, 2008

Stroyny v. Hall, No. 07-1825, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 17, 2008, Decided
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United States v. Perez-Mejias, No. 06-2432, No. 06-2616, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 17, 2008, Decided
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Overview: Judgments were affirmed in consolidated appeals because appeal waiver governed one appeal and second defendant filed no motion to withdraw his guilty plea before sentencing. Moreover, district court was not required to treat second defendant's questions about plea agreement and PSR during sentencing hearing as request to withdraw his guilty plea.

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United States v. Vanvliet, No. 07-1578, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 17, 2008, Decided
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Overview: Resentencing of conviction for interstate travel with intent to engage in illicit sexual act under 18 U.S.C.S. ? 2423(b) was required because district court, in sentencing prior to Kimbrough, expressed disagreement with USSG policy of imposing two-level enhancement for computer use; computers routinely were used to commit most ? 2423(b) offenses.

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Weaver v. Harmon Law Offices, P.C., (In re Weaver), No. 08-8046, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 17, 2008, Decided
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Overview: Because the answer to whether procedural requirements were jurisdictional had not been decided and the answer was not free from doubt, the court, without resolving the jurisdictional issue, exercised its discretion under 28 U.S.C.S. ? 158(d)(2)(A) and denied leave to appeal; otherwise, the purposes of ? 158(d)(2) may not have been served.

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Gagne v. Fessenden (In re Gagne), BAP NO. EB 08-021, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, September 19, 2008, Decided
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Overview: The better interpretation of 11 U.S.C.S. ? 1328(f) allowed a debtor to obtain a discharge in a case that was filed more than two years after the date a prior Chapter 13 case was filed in which the debtor had also obtained a discharge, which was consistent with the rule of the last antecedent.

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Nou v. Mukasey, No. 07-1546, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 19, 2008, Decided
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Overview: Alien from Cambodia was properly denied asylum under 8 U.S.C.S. ?? 1101 and 1158 because soldiers' threats were in response to his efforts to enforce a ban on illegal fishing rather than his political party membership, and the ease of his departure from Cambodia belied his claim that he ever faced any real danger from the government.

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Richmond v. N.H. Supreme Court Comm. on Prof'l Conduct, No. 07-2671, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 19, 2008, Decided
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Overview: Cost assessments imposed by the New Hampshire Supreme Court in attorney disciplinary proceedings were "fines" or "penalties" within the meaning of 11 U.S.C.S. ? 523(a)(7) and were not purely compensatory. Therefore, the costs assessments against the attorney were non-dischargeable under 11 U.S.C.S. ? 523(a)(7).

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United States v. Quoc Nguyen, No. 07-1217, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 19, 2008, Decided
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Overview: A state court conviction of the victim in defendant's case was properly excluded pursuant to Fed. R. Evid. 609 as it was more than 10 years old and was a property crime that had little bearing on the victim's veracity in the case of his being beaten; further, the case did not depend on the victim's unsupported testimony as there were eyewitnesses.

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