Every decision we've summarized from United States Court of Appeals for the First Circuit.
The First Circuit affirmed a defendant's supervised release revocation sentence but vacated his new firearm conviction sentence due to a legally invalid sentencing rationale. The court ordered a resentencing before a different judge because the district court relied on non-record facts regarding ammunition type.
The First Circuit vacated a defendant's sentence for firearm possession because the district court relied on a legally invalid rationale regarding the amount and type of ammunition. The court affirmed the defendant's supervised release revocation sentence because the defendant failed to properly preserve his legal challenges on appeal.
The First Circuit held that the New England Fishery Management Council functions solely as an advisory body and does not exercise final executive authority under the Magnuson-Stevens Act. Consequently, the Council's involvement in developing Framework Adjustment 65 does not violate the Appointments Clause, and the reduced catch limits for the Northeast Multispecies Fishery Management Plan remain in full effect.
The First Circuit granted the Commissioners' motion to stay a preliminary injunction that had blocked New Hampshire from repealing its motor vehicle emissions inspection program. The court held that the state likely succeeded on the merits because the Clean Air Act does not authorize citizen suits based on purely prospective violations of State Implementation Plans.
The First Circuit held that the New England Fishery Management Council's role in developing Framework Adjustment 65 was purely advisory and did not violate the Appointments Clause. Consequently, the court affirmed the denial of injunctive relief and reversed the district court's severance of unrelated statutory provisions.
The First Circuit affirmed summary judgment for Central Maine Power Company, ruling that the plaintiff failed to provide admissible evidence linking smart meter radiation to his specific health condition. Without proof of specific causation, the court held that the plaintiff could not establish that an analog meter was a necessary reasonable accommodation under federal disability laws.
The First Circuit affirmed the dismissal of a habeas corpus petition filed by a deported individual, holding that federal jurisdiction under 28 U.S.C. § 2254 requires the petitioner to be in custody of state authorities at the time of filing. Because the petitioner had been deported to Trinidad and Tobago before filing her claim, she failed to satisfy the statutory custody requirement.
The First Circuit affirmed Michael Mao's 121-month sentence, rejecting his challenge that his prior Virginia firearm-robbery conviction did not constitute a crime of violence. The court also held that his argument regarding conspiracy as a controlled substance offense is foreclosed by binding circuit precedent.
The First Circuit reversed the dismissal of a wrongful death claim against Premier Parks, LLC, finding that public statements and operational intermingling created a genuine dispute regarding personal jurisdiction. Conversely, the court affirmed the dismissal against EPR Properties, ruling that the plaintiffs failed to provide evidence linking the real estate trust to the hotel's marketing or booking activities in Massachusetts.
The First Circuit vacated the dismissal of Arthur Miles' habeas petition, ruling that the Bureau of Prisons cannot deny First Step Act time credits for work performed in a county jail prior to transfer to a federal facility. The court held that the BOP's regulations contradicting the statutory definition of when a sentence commences are invalid and that a risk assessment is not a prerequisite for earning credits.