Every decision we've summarized from United States Court of Appeals for the First Circuit.
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 First Circuit affirmed the dismissal of a malicious prosecution claim brought by a mother who was arrested after relocating with her child to Texas without her former partner's permission. The court held that the plaintiffs failed to prove the defendants acted with malice or presented false information to secure an arrest warrant, as required to overcome the presumption of probable cause.
The First Circuit affirmed the dismissal of civil rights claims against the City of Revere and summary judgment for a police officer, ruling that the plaintiff failed to prove discriminatory animus or municipal liability. The court held that the officer's actions were motivated by a desire to end a harassing relationship rather than national origin bias, and that no criminal proceedings were ever commenced to support a malicious prosecution claim.
The First Circuit affirmed a permanent injunction barring the National Institutes of Health from imposing a uniform 15% cap on indirect cost reimbursements for federally funded research. The court held that the agency's action violated a congressional appropriations rider and contravened HHS regulations governing negotiated cost rates.
The First Circuit held that a state prisoner's second habeas petition challenging a conviction is not 'second or successive' under AEDPA when the underlying sentence was modified by a state court ruling declaring the original sentence unconstitutional. Because the modification created a new judgment, the petitioner bypassed the federal court's gatekeeping requirements for successive petitions.
The First Circuit held that the City of Nashua's Citizen Flag Pole program was a forum for private speech, not government speech, making the city's refusal to allow certain flags impermissible viewpoint discrimination. The court reversed the district court's denial of relief and remanded with instructions to enter an interim declaratory judgment.
The First Circuit denied a petition for review of a BIA decision affirming the denial of asylum and related protections to Guatemalan nationals. The court held that the agency's adverse credibility findings and determinations regarding the lack of a protected nexus were supported by substantial evidence.
The First Circuit affirmed the convictions of Sixto Jorge Díaz-Colón for attempted extortion, transmitting threatening communications, and destroying records. The court rejected all challenges regarding the sufficiency of evidence, alleged prosecutorial misconduct, and trial rulings.
The First Circuit affirmed the convictions and sentences of two Massachusetts State Police officers for a federal overtime fraud scheme but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the defendant's financial aid was directly traceable to his fraud rather than what he would have received legitimately.
The First Circuit affirmed the convictions of two Massachusetts State Police officers for wire fraud and theft of federal funds but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the financial aid received by the defendant was traceable to the fraud versus what he would have received legitimately.