Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The First Circuit affirmed the district court’s dismissal of the Clemente heirs’ claims, ruling that the Lanham Act does not protect a deceased individual’s legacy from government use and that the Takings Clause does not apply…
The First Circuit affirmed a ninety-six-month sentence for possessing machine guns and being a felon in possession of firearms, rejecting the defendant's claim that the district court failed to adequately explain an upward variance. The court held that the district court provided a plausible rationale based on the severity of the offenses, the defendant's criminal history, and the specific circumstances of the arrest.
The Supreme Court held that Congress did not clearly authorize cumulative convictions under both 18 U.S.C. § 924(c)(1)(A)(i) and § 924(j) for a single act. The Court reversed the Second Circuit, ruling that a single fatal violation yields only one conviction despite the provisions satisfying the Blockburger test for separate offenses.
The First Circuit affirmed a sixty-month prison sentence for a felon in possession of a firearm and escape from a re-entry program. The court held that the district judge provided sufficient justification for a nineteen-month upward variance based on the defendant's possession of a modified machine gun, high-capacity magazines, and a large quantity of ammunition.
The First Circuit affirmed a sixty-month prison sentence for a felon in possession of a firearm and escape from a re-entry program, rejecting the defendant's claim that the district court failed to justify a nineteen-month upward variance. The appellate court held that the district judge provided sufficient reasoning by highlighting the defendant's possession of a modified machine gun, high-capacity magazines, and a large quantity of ammunition.
The Supreme Court held that the Antiterrorism and Effective Death Penalty Act does not bar federal prisoners from seeking certiorari review of a court of appeals' denial of authorization for a second or successive § 2255 motion. The Court further ruled that the statutory bar on 'do-over' claims in § 2244(b)(1) applies only to state prisoners, not federal prisoners.
The Eleventh Circuit vacated Abdoulaye Barry's sentence because the district court failed to make individualized findings regarding the scope of his jointly undertaken criminal activity before holding him accountable for his codefendants' losses. The court remanded the case for resentencing to correct the loss calculation and a clerical error in the criminal judgment.
The First Circuit affirmed Marcus Mello's 181-month sentence for drug trafficking and firearm possession, rejecting his challenges to the drug quantity calculation and sentencing enhancements. The court held that the district court reasonably relied on WhatsApp messages and seized samples to estimate drug weight and properly denied acceptance of responsibility due to Mello's failure to appear for trial.
The First Circuit affirmed Marcus Mello's 181-month sentence for drug trafficking and firearm possession, rejecting his challenges to the drug quantity calculation and sentencing enhancements. The court held that the district court reasonably varied below the Guidelines range while accounting for Mello's history and the severity of his conduct.
The Eleventh Circuit held that the Hobbs Act requires force or threatened force to be used before or during the taking of property to constitute robbery. Because the defendant used force only after the property was stolen and carried away, the court set aside his Hobbs Act robbery conviction.
