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

Police received a tip that Howard, a suspected gang member with an outstanding arrest warrant for armed assault with intent to murder, was at a specific house. Officers knocked, announcing themselves as police, and demanded entry. The door was opened by Knowles, who lived with her son, a friend of Howard’s. Howard was spotted by officers in the yard, peering out a bathroom window. They found Howard in the basement. Once he was arrested, Knowles signed consent to search. In the bathroom where Howard had been spotted, officers found a cell phone containing pictures of Howard; a burning cigarette, with Howard's DNA; and, in the toilet tank, a loaded semiautomatic handgun and a bag of individually wrapped crack cocaine rocks. In the kitchen, officers discovered another bag of cocaine rocks and digital scales. After denial of a motion to suppress, Howard was convicted of possession with intent to distribute cocaine base, 21 U.S.C. 841(a)(1), being a felon in possession of a firearm, 18 U.S.C. 922(g)(1), and possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. 924(c)(1)(A). He was sentenced to 13 years and three months. The First Circuit affirmed, rejecting challenges to the search, sufficiency of the evidence, and jury instructions. View "United States v. Howard" on Justia Law

In 1998, Holmes pled guilty to second-degree murder and received a sentence of life in prison, the mandatory sentence. Mass. G.L. ch. 265, 2. Holmes claims that he pled guilty because his attorney, Graham, told him that the prosecutor had proposed that if Holmes entered the plea and if the prosecutor wanted information from Holmes, Holmes would be able to reduce his sentence by filing a Motion to Revise or Revoke. Holmes filed the Rule 29 motion, but did not identify any grounds. The motion was futile; the trial judge had no discretion in sentencing. In 2000, Holmes filed pro se a motion to withdraw the plea, alleging that Graham was constitutionally ineffective. Graham stated that he had advised Holmes to accept the plea because there was significant risk of a first degree murder conviction. In 2004, Holmes filed an amended motion, claiming that he would not have pled guilty had he known that the Rule 29 Motion would have been futile. After successive denials Holmes filed a pro se petition for a writ of habeas corpus. The district court dismissed the petition as untimely. The First Circuit remanded for consideration of whether the statute of limitations should be equitably tolled. View "Holmes v. Spencer," on Justia Law

Officers searched a home inhabited by Clark and her adult son, Matthew. The warrant, issued the previous day, authorized a search for evidence of animal cruelty and unlicensed operation of a breeding kennel. Officers entered the Matthew's bedroom. Near a computer work station, they saw a list of web sites with titles suggestive of child pornography and nude photographs appearing to depict underage males. The officers immediately halted their search and obtained a supplementary warrant that authorized a search for child pornography. Officers seized evidence that formed the basis for indictment of Matthew for possessing child pornography, 18 U.S.C. 2252A (a)(5)(B). The trial judge rejected an argument that the first warrant was defective because the affidavit submitted with the application did not make out probable cause to believe that evidence of animal cruelty or an unlicensed kennel would be found and that the second search would not have occurred but for the evidence uncovered during the initial (illegal) search. The court relied on defendant's two prior convictions for indecent acts involving children as a basis for an offense-level enhancement and sentenced him to a 210-month term (the bottom of the guideline sentencing range). The First Circuit affirmed the conviction and the sentence. View "United States v. Clark" on Justia Law

Plaintiff, a former trust employee of the Metropolitan Bus Authority of Puerto Rico, sued public officials under 42 U.S.C. 1983, alleging that a decision not to install him in a career attorney position in the MBA was politically motivated and was effected without due process of law, in violation of his First and Fourteenth Amendment rights. The district court dismissed. The First Circuit affirmed dismissal of the due process claim as to all defendants, finding that plaintiff was afforded adequate process, and affirmed dismissal of the First Amendment claim as to all defendants, save for defendant Delgado. Plaintiff's allegations of participation in the decision were speculative and inadequate with respect to all of the defendants except Delgado. View "Rodriguez-Ramos v. Hernandez-Gregorat" on Justia Law

Mead was fired from her job as administrator of 15 assisted living facilities operated by IA and licensed by the Maine Department of Health and Human Services. She sued under 42 U.S.C. 1983,alleging that her termination without a hearing infringed her procedural due process rights. She also asserted state law claims.The district court dismissed the due process claims, explaining that IA was a nonstate actor and thus could not be held accountable under section 1983, and that the complaint failed to allege a constitutional violation by the DHHS employees. The First Circuit affirmed. View "Mead v. Independence Ass'n" on Justia Law

An FBI agent went online, undercover, to search for child pornography, using LimeWire, a commercially available peer-to-peer filesharing program. He used a special version developed by the FBI, known as EP2P, to assist child pornography investigations. Modifications permit agents to download a file from a single source, learn the general location of the source, and facilitate the identification of child pornography as such. The agent downloaded files and confirmed that they contained graphic depictions of young girls, served a subpoena on the ISP, traced the IP address to a residence owned by the defendant's father, executed a search warrant, and spoke to defendant, who took responsibility for seized computers and admitted to using LimeWire. He denied that he had ever searched for, or downloaded, child pornography. Forensic analysis revealed over 5,000 images and videos of child pornography on the desktop and nearly 2,000 on the laptop. Convicted of two counts of possessing child pornography, 18 U.S.C. 2252(a)(4)(B), and one count of distribution, 2252(a)(2), defendant was sentenced to 97 months plus a life term of supervised release and payment of $10,000 to each of two victims who requested restitution. The First Circuit affirmed, rejecting claims of multiplicity and upholding evidentiary rulings. View "United States v. Chiaradio" on Justia Law

The Belfast Project collected taped interviews of the recollections of members of the Provisional Irish Republican Army, the Provisional Sinn Fein, the Ulster Volunteer Force, and other paramilitary and political organizations involved in the "Troubles" in Northern Ireland from 1969 forward. The Project had various confidentiality measures in place, but in 2011, the United States submitted an application to the district court ex parte and under seal pursuant to the US-UK Mutual Assistance Treaty and 18 U.S.C. 3512, seeking appointment of an Assistant U.S. Attorney to collect evidence and to take other action to effectuate a request from law enforcement authorities in the United Kingdom, concerning the 1972 murder and kidnapping of Jean McConville. The district court granted the government's application. The First Circuit affirmed, stating that there was no First Amendment basis for challenging the subpoenas. The fact that communications were made under a promise of confidentiality does not create a privilege. View "In Re: Request from the United Kingdom" on Justia Law

An ATF agent obtained a warrant and searched Widi's apartment, which contained a marijuana growing system, ammunition, and firearms. He was convicted of possessing a firearm or ammunition as a prohibited felon, 18 U.S.C. 922(g)(1) and manufacturing marijuana, 21 U.S.C.841(a)(1) and sentenced to 108 months' imprisonment. The First Circuit affirmed, rejecting an argument that Widi was not competent to stand trial. The court also rejected challenges to the sufficiency of the evidence, denial of a motion to suppress statements made after Miranda warnings, denial of severance, and jury instructions. View "United States v. Widi" on Justia Law

After the government disclosed new information regarding its confidential informant, Rigaud moved to suppress evidence recovered in 2006 during the execution of a search warrant and sought an evidentiary hearing to establish that there were material omissions from an affidavit submitted in support of the request for a search warrant that undermined the probable cause finding. The district court denied the motion. Rigaud then pleaded guilty to drug trafficking charges, reserving his right to appeal denial of his motion to suppress. The First Circuit affirmed. The district court correctly found that disclosure that the informant was not searched or was searched inadequately would not have resulted in a negative finding on probable cause; there was ample corroboration to overcome her untrustworthiness. View "United States v. Rigaud" on Justia Law

The Southeastern Massachusetts Gang Task Force obtained warrants to arrest Roderiques, age 16, for drug trafficking and to search for cell phones and paperwork relating to cellular phone ownership at a house that Roderiques shared with Grupee and others. The officers discovered guns, drugs, and drug paraphernalia, as well as two cell phones, in Roderiques’s room. In Grupee’s room, they found a storage bin with Grupee’s personal papers, three pistols, and ammunition. A drug detection dog alerted toward a car parked in the driveway. The officers paused while they obtained warrants to search the house for firearms, drugs, and related materials and to search for the same in the car. In the rear seat they found a black gym bag with a bus ticket in Grupee’s name inside, a bag of cocaine, and a magazine of 9 millimeter ammunition. The second search of Grupee’s room uncovered more drugs and records of drug sales. Grupee entered a conditional plea to possession of firearms and ammunition as a felon, 18 U.S.C. 922(g)(1), and possession of cocaine with the intent to distribute, 21 U.S.C. 841(a)(1). The First Circuit affirmed denial of a motion to suppress. View "United States v. Grupee" on Justia Law