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

The case involves Esmeraldo Burgos-Balbuena, a Dominican Republic citizen, who was arrested after a high-speed boat chase off the coast of Puerto Rico. Burgos was charged with unlawfully reentering the United States after a previous removal. He accepted responsibility and agreed to plead guilty, with both parties recommending an 18-month prison sentence. However, the court sentenced him to 37 months, citing his repeated unlawful entries and dangerous evasion of arrest.The United States District Court for the District of Puerto Rico reviewed the case. Burgos's plea agreement included a joint recommendation for an 18-month sentence, but the presentence investigation report (PSR) calculated a sentencing range of 30 to 37 months due to a higher total offense level and a criminal history category of III. The district court accepted the PSR's calculations and sentenced Burgos to 37 months, emphasizing his criminal history and the dangerous nature of his recent offense.The United States Court of Appeals for the First Circuit reviewed the case. Burgos argued that the government failed to comply with the plea agreement and challenged his sentence on procedural and substantive grounds. The court found that the government adhered to the plea agreement by recommending the 18-month sentence and did not implicitly repudiate it. The court also found no procedural error in the district court's sentencing, noting that the court considered all relevant factors and provided a thorough explanation for the sentence. The court further held that the 37-month sentence was substantively reasonable given Burgos's criminal history and the dangerous nature of his conduct.The First Circuit affirmed the district court's decision, upholding Burgos's 37-month sentence. View "United States v. Burgos-Balbuena" on Justia Law

In 2023, Shaiquan Moran-Stenson pled guilty to unlawfully possessing ammunition as a felon, violating 18 U.S.C. § 922(g)(1). The U.S. District Court for the District of Maine enhanced his base offense level under the United States Sentencing Guidelines § 2K2.1(a)(4)(A), citing a prior Maine drug trafficking conviction. Moran-Stenson objected, arguing that his Maine conviction did not qualify as a predicate offense for the enhancement.The U.S. District Court for the District of Maine overruled Moran-Stenson's objection, applying the modified categorical approach to determine that his Maine drug trafficking conviction was a predicate offense. The court found that the Maine statute was divisible and that the specific drug involved, cocaine base, was a federally controlled substance. Consequently, the court sentenced Moran-Stenson to seventy-seven months in prison, followed by three years of supervised release.On appeal, the United States Court of Appeals for the First Circuit reviewed whether the district court correctly applied the modified categorical approach. The appellate court affirmed the district court's decision, holding that the Maine statute's "scheduled drugs" component was divisible. The court concluded that the specific drug trafficked, cocaine base, was an element of the offense, allowing the use of the modified categorical approach. The court found that Moran-Stenson's prior conviction for trafficking cocaine base qualified as a predicate controlled substance offense under § 2K2.1(a)(4)(A), justifying the sentencing enhancement. View "United States v. Moran-Stenson" on Justia Law

Edson Pires Rosa, a citizen of Cape Verde, entered the U.S. on a visitor visa in 2015, which expired later that year. His mother, a lawful permanent resident, filed a petition for him, which was approved, but his subsequent application for adjustment of status was denied. In 2019, Rosa was accused of participating in a sexual assault, leading to a police report and a pending criminal charge. Despite his denial of the allegations, he was placed in removal proceedings for overstaying his visa. Rosa applied for asylum, withholding of removal, and voluntary departure.The Immigration Judge (IJ) initially denied Rosa's asylum and withholding of removal applications but granted voluntary departure. Rosa appealed the denial of asylum and withholding of removal to the Board of Immigration Appeals (BIA), which remanded the case to consider his adjustment of status application after his mother became a U.S. citizen. On remand, a new IJ denied his adjustment of status and voluntary departure requests, citing the pending criminal charge as a significant negative factor. Rosa appealed to the BIA, which upheld the IJ's decision, finding no error in the reliance on the police report and pending charge.The United States Court of Appeals for the First Circuit reviewed the case. The court found that the BIA erred in deeming Rosa's challenge to the voluntary departure denial as waived and vacated the BIA's decision on both adjustment of status and voluntary departure. The court remanded the case to the BIA to reconsider these issues, particularly whether the police report and pending charge alone could justify the denial of discretionary relief without corroborating evidence, as required by precedent. View "Rosa v. Garland" on Justia Law

The appellant, Misael M. Rivera-Gerena, was aboard a vessel in U.S. waters when the Coast Guard seized 52 packages containing amphetamine and cocaine, along with an additional 448 bricks of cocaine. Rivera-Gerena was arrested and indicted. He pleaded guilty to conspiracy to possess with intent to distribute at least 150 kilograms but less than 450 kilograms of cocaine on a vessel subject to U.S. jurisdiction. The district court accepted his plea and ordered a presentence investigation report (PSI Report).The United States District Court for the District of Puerto Rico set a guideline sentencing range (GSR) of 262 to 327 months, based on the actual amount of cocaine seized. The statute of conviction carried a mandatory minimum sentence of 120 months. The government recommended a 135-month sentence, while Rivera-Gerena requested the mandatory minimum of 120 months, citing his acceptance of responsibility and other mitigating factors. The district court considered the plea agreement and the 18 U.S.C. § 3553(a) factors, including the need to promote respect for the law and protect the public. The court acknowledged Rivera-Gerena's personal circumstances but emphasized the seriousness of the offense and his criminal history. Ultimately, the court imposed a 147-month sentence, varying downward from the GSR but higher than the parties' recommendations.The United States Court of Appeals for the First Circuit reviewed the case. Rivera-Gerena argued that his sentence was procedurally flawed and substantively unreasonable, claiming the district court failed to adequately evaluate the § 3553(a) factors. The appellate court found no procedural error, noting the district court had considered all relevant factors and provided a plausible rationale for the sentence. The court also found the sentence substantively reasonable, given the seriousness of the offense and Rivera-Gerena's criminal history. The First Circuit affirmed the district court's judgment. View "United States v. Rivera-Gerena" on Justia Law

Manish Kumar was involved in a scheme to smuggle misbranded prescription drugs and controlled substances into the United States from March 2015 to August 2019. Kumar, an Indian national, was a partner in Mihu, a New Delhi-based company that sold generic versions of drugs like Viagra, Cialis, Adderall, and tramadol without FDA approval or proper prescriptions. Kumar managed call centers in India where representatives made false statements to U.S. customers, claiming the drugs were FDA-approved and that no prescriptions were needed. Kumar was arrested in August 2019 on unrelated identity theft charges and later charged in Massachusetts with conspiracy to smuggle drugs, distribute controlled substances, and make false statements. He pled guilty to all charges in October 2022.The United States District Court for the District of Massachusetts sentenced Kumar to 87 months in prison. The court applied a fraud cross-reference in the Sentencing Guidelines and accepted the government's estimate of the loss amount involved in the offense, which was approximately $3.8 million. Kumar objected to both the application of the fraud cross-reference and the loss amount calculation, arguing that the evidence was insufficient.The United States Court of Appeals for the First Circuit reviewed the case. The court held that the fraud cross-reference was correctly applied because the false statements made by call center representatives were within the scope of Kumar's conspiracy and were made in furtherance of the criminal activity. The court also found that the sentencing court did not clearly err in its loss amount calculation, as it relied on detailed government estimates and supporting data. The First Circuit affirmed Kumar's 87-month sentence. View "United States v. Kumar" on Justia Law

In October 1, 2021, Sean J. Trahan pleaded guilty to possession and knowing access with intent to view child pornography, violating 18 U.S.C. § 2252A(a)(5)(B). The district court sentenced him to 126 months' imprisonment, applying a sentencing enhancement based on Trahan's prior state conviction for possession of "visual material of child depicted in sexual conduct," which the court determined required a ten-year mandatory minimum under § 2252A(b)(2).The United States District Court for the District of Massachusetts initially reviewed the case. Trahan objected to the imposition of the mandatory minimum, arguing that his prior state conviction did not qualify under § 2252A(b)(2) because the state statute criminalized more conduct than the federal statute. He also challenged the imposition of a consecutive six-month sentence under 18 U.S.C. § 3147 for an offense committed while on pretrial release, arguing it violated the Sixth Amendment. The district court rejected these arguments and sentenced Trahan to 126 months' imprisonment.The United States Court of Appeals for the First Circuit reviewed the case. The court held that the phrase "relating to" in § 2252A(b)(2) has a broadening effect, meaning that a state conviction need not be an exact match with the federal definition of child pornography to trigger the mandatory minimum. The court found that Trahan's prior state conviction was sufficiently related to the federal definition to warrant the enhancement. Additionally, the court rejected Trahan's Alleyne challenge, concluding that any error in imposing the consecutive sentence under § 3147 was harmless because there was overwhelming evidence that Trahan committed the offense while on pretrial release. The First Circuit affirmed the district court's 126-month sentence. View "United States v. Trahan" on Justia Law

Nathan Reardon, the appellant, pleaded guilty in 2022 to five counts of bank fraud related to fraudulent loan applications for pandemic-relief funds. He was sentenced to five concurrent twenty-month terms of imprisonment followed by three years of supervised release. The First Circuit previously vacated a special condition of his supervised release that banned him from self-employment due to inadequate explanation. On remand, the district court provided a fuller explanation and retained the condition. Reardon’s supervised release began on July 7, 2023, but within six weeks, the probation office filed a petition to revoke it, citing multiple violations, including failure to provide financial information, engaging in self-employment, and incurring new credit charges without approval.The United States District Court for the District of Maine held a preliminary hearing and found probable cause for the violations, leading to Reardon's detention. At the revocation hearing, Reardon did not contest the violations. The district court calculated a guideline sentencing range of three to nine months and ultimately imposed a nine-month term of imprisonment followed by twenty-five months of supervised release. The court noted the immediacy and flagrancy of Reardon’s violations and his disregard for the conditions of his release.The United States Court of Appeals for the First Circuit reviewed the case and affirmed the district court’s decision. The appellate court found no procedural error, noting that the district court had adequately considered the relevant statutory sentencing factors and addressed the mitigating factors presented by Reardon. The court also held that the nine-month sentence was substantively reasonable given the nature and circumstances of Reardon’s violations. View "United States v. Reardon" on Justia Law

Fesnel Lafortune, a Haitian national, entered the U.S. on a B-2 visitor visa in 2008 and overstayed. In 2019, he pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft, receiving a combined prison sentence of 31 months. Following his convictions, the Department of Homeland Security (DHS) charged him with removability due to his lack of lawful status and his conviction for an aggravated felony involving fraud exceeding $10,000.The Immigration Judge (IJ) found Lafortune removable and denied his claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Lafortune, appearing pro se, requested continuances to find counsel, which were denied. He admitted to the allegations and expressed fear of returning to Haiti. The IJ ruled him ineligible for asylum and other protections, citing his conviction as a particularly serious crime. Lafortune appealed to the Board of Immigration Appeals (BIA), which remanded the case for him to secure counsel. On remand, the IJ again denied his requests for continuances and upheld the original decision. Lafortune, now with counsel, appealed again to the BIA, which dismissed his appeal.The United States Court of Appeals for the First Circuit reviewed the case. The court upheld the BIA's decision, agreeing that Lafortune's conviction for conspiracy to commit bank fraud constituted a particularly serious crime, making him ineligible for withholding of removal. The court also found no error in the IJ's and BIA's handling of Lafortune's CAT claim, concluding that he failed to demonstrate a particularized risk of torture by or with the acquiescence of Haitian officials. The petition for review was denied. View "Lafortune v. Garland" on Justia Law

In November 2020, Homeland Security Investigations (HSI) was alerted by the Puerto Rico Police Department to a potential child exploitation case involving a sixteen-year-old female victim. HSI agents executed an arrest warrant for the appellant and seized various electronic devices, including his cellular phones, which contained numerous videos of him sexually abusing the victim. The appellant was charged with producing child pornography, possessing child pornography, and transporting a minor for criminal sexual activity. He entered a plea agreement, pleading guilty to producing child pornography and transporting a minor, while the possession charge was dismissed.The United States District Court for the District of Puerto Rico accepted the plea agreement and ordered a presentence investigation report (PSI). The PSI recommended guideline sentencing ranges of up to thirty years for producing child pornography and life imprisonment for transporting a minor. The appellant objected to a five-level enhancement for engaging in a pattern of prohibited sexual conduct, arguing it would create a sentencing disparity among similarly situated defendants in Puerto Rico. The district court rejected this argument, noting that sentencing disparity considerations primarily target national disparities and that the cases cited by the appellant were not comparable. The court sentenced the appellant to 292 months in prison for each count, to be served concurrently, and deferred ruling on a $15,000 restitution claim.The United States Court of Appeals for the First Circuit reviewed the case. The court found the appellant's claim of sentencing disparity unpersuasive, noting that the district court had appropriately considered both national and local disparities and found the cited cases dissimilar. The court also dismissed the appellant's challenge to the restitution order for lack of jurisdiction, as the appellant had not filed a notice of appeal following the amended judgment that included the restitution award. The judgment of the district court was affirmed in part and dismissed in part without prejudice. View "United States v. Gonzalez-Rivera" on Justia Law

Carl Langston was convicted of possessing a firearm in violation of 18 U.S.C. § 922(g)(1), the felon-in-possession statute. Langston argued that this statute is unconstitutional under the Second Amendment as applied to him, given his prior convictions for theft and drug trafficking under Maine law. He also challenged the district court's denial of his motion to suppress evidence obtained during a police stop and several sentencing decisions.The United States District Court for the District of Maine denied Langston's motion to suppress, finding that the police stop was based on reasonable suspicion. Langston then entered a conditional guilty plea, reserving the right to appeal the suppression ruling. At sentencing, the district court applied a four-level enhancement for possessing a firearm during a felony assault on an officer and denied Langston a reduction for acceptance of responsibility, citing his conduct during pretrial release.The United States Court of Appeals for the First Circuit reviewed Langston's claims. The court held that Langston's Second Amendment challenge failed under the plain-error standard because it was not "clear" or "obvious" that § 922(g)(1) is unconstitutional as applied to him. The court noted that the Supreme Court has consistently referred to felon-in-possession laws as "presumptively lawful."The court also upheld the district court's denial of the motion to suppress, agreeing that the totality of the circumstances gave rise to reasonable suspicion for the police stop. Additionally, the court found no plain error in the application of the sentencing enhancement for felony assault on an officer and ruled that the district court did not abuse its discretion in relying on hearsay evidence to conclude that Langston violated his pretrial release conditions. Finally, the court affirmed the denial of the acceptance-of-responsibility credit, noting the similarities between Langston's conduct at the time of his arrest and during his pretrial release.The First Circuit affirmed Langston's conviction and sentence. View "US v. Langston" on Justia Law