Justia U.S. 1st Circuit Court of Appeals Opinion Summaries

In this appeal, Greater Omaha Packing Company (GOPAC) asked the First Circuit Court of Appeals to vacate a jury's unanimous finding that GOPAC supplied Fairbank Reconstruction Corporation with E. coli-tainted beef, which Fairbank then packaged and shipped to two supermarkets in Maine, resulting in two women who bought meat there becoming seriously ill. The Supreme Court affirmed, holding that there was no basis upon which to upset the jury's verdict, as (1) the evidence was sufficient for a reasonable jury to conclude that GOPAC's meat was contaminated and that such meat was included in the packages the two women purchased; and (2) the trial court did not err in admitting a video deposition of GOPAC's former expert witness. View "Fairbank Reconstruction v. Greater Omaha Packing Co." on Justia Law

A jury convicted Defendant of being a felon in possession of a firearm. Defendant was sentenced under the Armed Career Criminal Act (ACCA) to 216 months in prison. The First Circuit Court of Appeals affirmed the district court's rulings, holding that the district court did not err in (1) refusing to suppress Defendant's statement regarding a bag containing firearms, as Defendant was not in custody for Miranda purposes when he made the statement; (2) admitting an audio recording of a telephone call to a police chief where the court properly authenticated the evidence; and (3) determining Defendant was convicted of two predicate offenses in Virginia and Florida and sentencing Defendant under the ACCA. View "United States v. Murdock" on Justia Law

Petitioner's husband was employed by GD Arabia, Ltd. as a military trainer in Saudi Arabia. After he was found dead by asphyxiation by hanging, Petitioner filed a claim for death benefits under the Defense Base Act (DBA). Pursuant to agency policy and as authorized by statute, the matter was transferred to the district director's office in Boston and adjudicated there. An ALJ denied Petitioner's claim, and the Department of Labor's Benefits Review Board affirmed. Petitioner sought direct review in the First Circuit Court of Appeals, raising an issue of jurisdiction on which the circuit courts were divided. The First Circuit denied the petition for review, holding that the Review Board acted reasonably in upholding the ALJ's denial of compensation, as the record supported the inference of suicide and none of Petitioner's suggested hypotheses might entail coverage under the DBA. View "Truczinskas v. Dir., Office of Workers' Comp. Programs" on Justia Law

This case required the First Circuit Court of Appeals to explore the parameters of the doctrine of quasi-judicial immunity. The underlying litigation was a will contest turned conspiracy case. The plaintiff prevailed in probate court after two and a half years of legal wrangling. By the time Plaintiff was found to be the sole lawful heir of the decedent, the estate's assets were depleted. Seeking retribution, the plaintiff sued several persons involved in the will contest, alleging a wide-ranging conspiracy. In a preliminary ruling, the district court concluded that two of the defendants, a lawyer who had served as a court-appointed discovery master and the lawyer's firm, were immune from suit by reason of quasi-judicial immunity. The court certified this ruling as a partial final judgment. The First Circuit affirmed, holding (1) the district court did not err in certifying the ruling; and (2) the court-appointed discovery master was entitled to share in the judge's immunity from suit, and the law firm whose partner enjoyed quasi-judicial immunity was entitled to share in that immunity for helping the partner to perform his judicial tasks. View "Nystedt v. Nigro" on Justia Law

Defendant was arrested and ordered to be detained on criminal charges. An initial indictment and several superseding indictments followed charging Defendant with several drug offenses. The last indictment was filed in October 2011. Defendant filed motions seeking dismissal of the fourth superseding indictment and release from custody under the section 3164 of the Speedy Trial Act. The district court ordered Defendant's discharge. Fifteen minutes later, Defendant was re-arrested on a new criminal complaint for drug possession. Defendant was re-indicted on four counts virtually identical to the counts charged in the October 2011 indictment and again pled not guilty. Pursuant to the Ninth Circuit's decision in United States v. Tirasso, the district court found that re-indictment on the same offense does not restart section 3164's ninety-day clock and granted Defendant's motion for release. The First Circuit Court of Appeals reversed, holding that when an indictment is dismissed upon the motion of a defendant, the dismissal is without prejudice and that defendant is again detained awaiting trial, section 3164's ninety-day clock restarts at the moment that Defendant is re-arrested, regardless of the nature of the charges in the new complaint. View "United States v. Worthy" on Justia Law

An undercover United States Customs Task Force operation involving efforts on land, at sea, and in the air ended with the arrests of Defendants, Saturnino Tatis-Nunez, Cesar Hernandez-De la Rosa, Carols Espinal-Almeida, and Jacobo Peguero-Carela. Each defendant was indicted on, and ultimately convicted of, one count of conspiracy to possess with intent to distribute, and one count of conspiracy to import, 418 kilograms of cocaine. All Defendants appealed, raising a myriad of challenges that spanned jury voir dire to sentencing. After considering each claimed error, the First Circuit Court of Appeals affirmed Defendants' convictions and sentences, holding that none of Defendant's claims of error had merit. View "United States v. Espinal-Almeida" on Justia Law

Following a bench trial, Appellant was convicted of thirteen counts for crimes involving child pornography. Appellant appealed, challenging various rulings rulings by the district court before and after the trial. This case presented complex questions of first impression in the First Circuit regarding the admissibility of evidence in the wake of the Supreme Court's recent Confrontation Clause jurisprudence. After careful review, the First Circuit Court of Appeals concluded that the admission of certain evidence violated Appellant's Confrontation Clause rights, and the admission of this evidence was harmless as to some counts of conviction but not as to others. The Court thus reversed Appellant's convictions on certain counts and remanded for resentencing or a new trial. View "United States v. Cameron" on Justia Law

Appellant, a federal prisoner, appealed from the district court's denial of his 28 U.S.C. 2255 petition, which was largely focused on a variety of ineffective assistance of counsel claims. Appellant also appealed from the court's denial, as untimely, of his second motion to amend the petition. Appellant asserted on appeal that the second motion to amend was timely and that he should have been allowed to pursue a claim that he was improperly subject to sentencing as an armed career criminal because one prior offense was not a predicate in light of Johnson v. United States. The First Circuit Court of Appeals affirmed both decisions, holding (1) the second motion to amend did not raise an independent Johnson theory and thus the claim was forfeited; and (2) the second motion to amend was untimely. View "Turner v. United States" on Justia Law

Petitioner, a native of El Salvador who entered the United States without inspection at the age of seventeen, sought judicial review of a final order of removal issued by the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and protection under Article III of the United Nations Convention Against Torture (CAT). The First Circuit Court of Appeals denied Petitioner's petition for review, holding that Petitioner failed to establish that he was a refugee under immigration laws because he did not provide sufficient evidence to establish a well-founded fear of future persecution. In addition, Petitioner was not eligible for relief under the CAT, as he set forth no evidence that there was any prospect he would be tortured if he was returned to El Salvador. View "Perlera-Sola v. Holder" on Justia Law

Defendant defrauded a number of investors in a series of schemes that used the mails. All told, investors lost about six million dollars. Defendant also laundered money he received from the fraud by buying himself a $180,000 sport car. A federal jury convicted Defendant of seven counts of mail fraud and one count of money laundering. Defendant was sentenced to 192 months imprisonment and ordered to pay $6,030,145 in restitution and to forfeit certain property. The First Circuit Court of Appeals affirmed Defendant's convictions, denied his request for a new trial, and affirmed his sentence, holding (1) because the only identified error in evidentiary rulings was harmless, Defendant was not entitled to a new trial on the basis of cumulative error; and (2) the district court correctly calculated the number of victims and the amounts of forfeiture and of restitution. View "United States v. DeSimone" on Justia Law