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The D.C. Circuit affirmed the denial of a writ of coram nobis, holding that the appellant failed to prove fundamental error or ineffective assistance of counsel regarding his guilty plea. The court further ruled that the appellant waited too long to challenge the conviction, offering no valid reason for the three-decade delay.
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 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 D.C. Circuit denied CenturyTel's petition for review and granted enforcement of the NLRB's order, holding that the Board's finding of a violation of Sections 8(a)(5) and (1) of the National Labor Relations Act was supported by substantial evidence. The court concluded that CenturyTel improperly failed to furnish information regarding non-union technicians working within the Union's jurisdiction despite the collective bargaining agreement's provisions on crossing jurisdictional boundaries.
The First Circuit affirmed the denial of preliminary injunctive relief against a steamship authority's mandatory COVID-19 vaccination policy. The court held that the policy was neutral and generally applicable because the risks posed by permanent religious exemptions were not comparable to the limited, time-bound medical exemptions.
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 affirmed summary judgment for YouTube and Google, holding that their copyright management tools do not constitute actual or red flag knowledge of infringement under the DMCA. The court further ruled that YouTube's general ability to moderate content does not amount to the right and ability to control infringing activity required to lose safe harbor protection.
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.
