[Download] "Awon v. United States" by First Circuit U.S. Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Awon v. United States
- Author : First Circuit U.S. Court Of Appeals
- Release Date : January 25, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The petitioner-appellant, Fred Awon (""Awon"") was convicted of arson and mail fraud arising from the orchestration, on two occasions, of the arson of a building and the submission of insurance claims. Following conviction, Awon moved for a new trial and to vacate his sentence pursuant to 28 U.S.C. § 2255 (2000), citing newly discovered evidence and a lack of federal jurisdiction. The newly discovered evidence contained in five, allegedly exculpatory affidavits. The district court, after holding an evidentiary hearing, denied both motions and, upon Awon's request, issued a certificate of appealability under 28 U.S.C. § 2253(c). Finding no error, we affirm. I. Background Awon and his father owned rental income property located at 106-108 Ames Street (the ""Ames Street property"") in Brockton, Massachusetts, that consisted of unimproved rental space on the first floor and two apartments on the second floor. On September 16, 1994, the Brockton Fire Department extinguished a fire in the vacant first floor space before significant damage occurred. The Awons filed a claim with their insurance company for the damage from this fire and were paid in settlement $4,171 for the damage. In the early morning hours of January 18, 1995, another fire at the building resulted in the destruction not only of the Awon's building but of three adjacent buildings as well. The Awons again filed a claim with their insurance company and negotiated a settlement of $85,000 for the loss of the building and demolition expenses, and $6,176 for lost rental income.