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

In 2017, Ángel Manuel Carmona-Alomar was found in possession of a modified 9mm Glock pistol, ammunition, marijuana, and Percocet pills during a vehicle search by Puerto Rico Police. He admitted ownership of the firearm and ammunition. Subsequently, he was charged and pled guilty to unlawful possession of a firearm by a prohibited person and possession of a machinegun. He was sentenced to thirty months in prison followed by three years of supervised release. In 2020, while on supervised release, Carmona was again found with a modified firearm and ammunition, leading to new charges and a supervised release violation.The United States District Court for the District of Puerto Rico sentenced Carmona to sixty months in prison for the new charges and an additional two years for the supervised release violation, to be served consecutively. The court justified the upward variance from the sentencing guidelines by citing Carmona's repeated offenses, lack of remorse, and the serious nature of machinegun possession, particularly in the context of Puerto Rico's gun violence issues.The United States Court of Appeals for the First Circuit reviewed the case. Carmona argued that the District Court erred procedurally by not providing case-specific reasons for the upward variance and by relying on factors already accounted for in the guidelines. He also contended that the sentence was substantively unreasonable. The First Circuit found no merit in these arguments, noting that the District Court had appropriately considered Carmona's repeated offenses and the specific context of gun violence in Puerto Rico. The appellate court affirmed both the sixty-month sentence for the new charges and the two-year sentence for the supervised release violation, concluding that the District Court did not abuse its discretion. View "US v. Carmona-Alomar" on Justia Law

Franklin Manaen Ramos-Gutierrez, a native of El Salvador, entered the United States in 2013 and was served with a Notice to Appear, charging him with removability. He applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Ramos-Gutierrez claimed he was harassed and beaten by gang members in El Salvador for refusing to join them. He testified that the gang continued to inquire about him even after he moved to the United States. The Immigration Judge (IJ) found him credible but denied his applications, concluding that his claimed social groups were not legally cognizable and that he failed to demonstrate a nexus between the harm and a protected ground.The IJ determined that Ramos-Gutierrez's claimed social groups—"young person who has been beaten and threatened by gangs" and "young individual targeted for gang recruitment"—were impermissibly circular and too amorphous. The IJ also found that the gang's actions were criminal acts aimed at coercion rather than persecution based on a protected ground. The IJ denied the CAT claim, stating that Ramos-Gutierrez had not shown he would be tortured if returned to El Salvador. The Board of Immigration Appeals (BIA) affirmed the IJ's decision, agreeing that the claimed social groups were not cognizable and that there was no nexus to a protected ground. The BIA also noted that Ramos-Gutierrez had waived any challenge to the IJ's denial of CAT protection.The United States Court of Appeals for the First Circuit reviewed the case and upheld the BIA's decision. The court found substantial evidence supporting the IJ's and BIA's conclusions that the claimed social groups were not legally cognizable and that there was no nexus between the harm and a protected ground. The court also agreed that the petitioner had waived his CAT claim. Consequently, the petition for review was denied. View "Ramos-Gutierrez v. Garland" on Justia Law

The case involves the restructuring of Puerto Rico's public debts under Title VI of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). The dispute centers on whether the final transaction documents or the preliminary documents control the terms of the debt restructuring. The preliminary documents included a Valid Claim Requirement, which stipulated that new bonds would only be issued if valid claims were made. However, the final transaction documents did not include this requirement.The U.S. District Court for the District of Puerto Rico initially approved the restructuring plan, which included the terms set forth in the preliminary documents. However, the court also noted that the final terms would be subject to the execution and delivery of definitive documents. When the final documents were executed, they did not include the Valid Claim Requirement. The district court later ruled that the final documents, not the preliminary ones, governed the transaction, and overruled objections based on the omission of the Valid Claim Requirement.The United States Court of Appeals for the First Circuit reviewed the case. The court affirmed the district court's decision, holding that the final transaction documents control the terms of the debt restructuring. The court emphasized that the preliminary documents were explicitly provisional and subject to final documentation. The final documents, which did not include the Valid Claim Requirement, were deemed to be the definitive terms of the restructuring. The court also noted that the Requisite Bondholders had approval rights over the final documents and did not object to the absence of the Valid Claim Requirement.Thus, the First Circuit affirmed the district court's ruling, concluding that the final transaction documents govern the debt restructuring, and the Valid Claim Requirement from the preliminary documents does not apply. View "FOMB v. AmeriNational Community Services, LLC" on Justia Law

Dr. Thomas C. Franchini, the former Chief of Podiatry at the Department of Veterans' Affairs Maine Healthcare System at Togus, sued several publishers and reporters for defamation. Franchini alleged that articles written by the defendants, which described malpractice allegations related to his treatment of veterans at VA Togus, were libelous and defamatory. He also claimed negligent infliction of emotional distress and fraudulent or negligent misrepresentation against some defendants.The United States District Court for the District of Maine granted summary judgment in favor of the defendants, finding that Franchini was a voluntary public figure and had failed to plead actual malice in his Second Amended Complaint (SAC). The court determined that the issues surrounding the quality of care at VA Togus were matters of public concern and that Franchini had voluntarily injected himself into the controversy through his actions, including creating a blog and giving an interview to a reporter. The court also found that Franchini's claims of negligent infliction of emotional distress and fraudulent or negligent misrepresentation were not supported by sufficient evidence.The United States Court of Appeals for the First Circuit affirmed the district court's decision. The appellate court agreed that a public controversy existed regarding the quality of care at VA Togus and that Franchini had voluntarily become a limited-purpose public figure by engaging in public discussions about the controversy. The court also held that Franchini failed to show that the defendants acted with actual malice, as required for a public figure to succeed in a defamation claim. The court noted that the defendants had conducted due diligence in their reporting and included Franchini's statements in their articles. Consequently, the appellate court affirmed the district court's grant of summary judgment in favor of the defendants. View "Franchini v. Bangor Publishing Co., Inc." on Justia Law

Petitioner Prince Belo Paye, a Krahn from Liberia, sought review of a final order of removal issued by the Board of Immigration Appeals (BIA). Paye fled Liberia as a child during the civil war due to ethnic cleansing and genocide against the Krahn people. He lived in refugee camps in Sierra Leone and Guinea before entering the United States as a refugee in 2005. Paye was later convicted of firearms-related offenses in the U.S., leading to removal proceedings. He sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT), arguing that his forced flight from Liberia and an assault at the Sierra Leone-Guinea border constituted past persecution.The Immigration Judge (IJ) found Paye's testimony credible but denied his claims. The IJ determined that Paye's convictions were "particularly serious crimes," making him ineligible for withholding of removal. The IJ also concluded that Paye did not demonstrate past persecution, as the assault at the border could not be attributed to the Liberian government. The BIA affirmed the IJ's decision, agreeing that Paye's convictions were particularly serious crimes and that the Liberian government was not responsible for the border assault.The United States Court of Appeals for the First Circuit reviewed the case. The court found that the agency failed to address whether Paye's forced flight from Liberia due to ethnic cleansing and genocide constituted past persecution. This omission hindered meaningful review of the agency's denial of withholding of removal. The court vacated the BIA's decision and remanded the case for further proceedings, instructing the agency to consider whether Paye's escape from Liberia amounted to past persecution and to provide a clear and reasoned explanation for its determination. The court affirmed the agency's conclusion regarding the border attack, finding no error in its analysis. View "Paye v. Garland" on Justia Law

Hector Rodriguez-Pena was convicted in 1993 for his involvement in a drug trafficking conspiracy, firearms possession, and the attempted murder of federal law enforcement officers. He was sentenced to a total of 622 months' imprisonment, which was later reduced to 570 months. Over the years, Rodriguez-Pena has repeatedly challenged his sentence and conviction through various legal avenues, including direct appeals and motions for sentence modifications, all of which were denied.Rodriguez-Pena filed a motion for compassionate release in the U.S. District Court for the District of Puerto Rico, citing his vulnerability to COVID-19 due to his health conditions and the prevalence of the virus in his prison facility, FCI Coleman Low. He argued that his medical conditions, including high blood pressure and hyperlipidemia, increased his risk of severe complications from COVID-19. The district court denied his motion, concluding that he did not demonstrate extraordinary and compelling reasons for a sentence reduction, particularly noting his vaccination status and the low COVID-19 infection rates in his facility.The United States Court of Appeals for the First Circuit reviewed the case and affirmed the district court's decision. The appellate court found that the district court did not abuse its discretion in concluding that Rodriguez-Pena's risk from COVID-19, given his vaccination status and the conditions at FCI Coleman Low, did not constitute an extraordinary and compelling reason for compassionate release. The court also noted that the district court properly considered the evidence and arguments presented, including the effectiveness of COVID-19 vaccines and the current state of the pandemic within the prison. View "US v. Rodriguez-Pena" on Justia Law

In 2017, the SEC filed a lawsuit against investment advisers Louis Navellier and Navellier & Associates, Inc. (NAI), alleging violations of sections 206(1) and 206(2) of the Investment Advisers Act. The SEC claimed that the defendants made materially false and misleading statements about the performance track record of their investment strategies. The United States District Court for the District of Massachusetts granted summary judgment in favor of the SEC, ordering disgorgement exceeding $22 million. The defendants appealed, challenging the summary judgment, the denial of their motion to stay pending appeal, and the denial of their motion to reduce the supersedeas bond.The district court found that the defendants had violated sections 206(1) and 206(2) by making false statements about the inception date and performance of the AlphaSector strategy, which they marketed as having been live-traded since 2001. The court determined that these statements were material and that the defendants acted with scienter (intent to defraud) or, at the very least, negligence. The court also rejected the defendants' selective enforcement defense, concluding that they were not similarly situated to other firms that were not prosecuted.The United States Court of Appeals for the First Circuit reviewed the case and affirmed the district court's decisions. The appellate court agreed that the defendants' statements were false and material, and that they acted with a high degree of recklessness, satisfying the scienter requirement. The court also upheld the disgorgement order, finding it to be a reasonable approximation of the profits causally connected to the violations. The court rejected the defendants' argument that disgorgement was inappropriate because their clients did not suffer pecuniary harm, emphasizing that disgorgement is meant to deprive wrongdoers of their ill-gotten gains. Finally, the court found no abuse of discretion in the district court's decision not to reduce the supersedeas bond amount. View "SEC v. Navellier & Associates, Inc." on Justia Law

Three foreign nationals, crewmembers aboard the vessel MARGUERITA, were detained in the United States after the vessel was held in port in Maine due to alleged improper disposal of bilge water and inaccurate record-keeping. The plaintiffs were ordered to remain in the U.S. as potential material witnesses. They were later allowed to leave but returned for trial and were awarded for their contributions to the conviction of the vessel's operator.The plaintiffs filed a lawsuit under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics and the Federal Tort Claims Act (FTCA) against various U.S. government entities and officials, alleging violations of their constitutional rights and various tort claims. The U.S. District Court for the District of Maine dismissed the Bivens claim and granted summary judgment for the defendants on the FTCA claims. The court found that the plaintiffs' detention and the revocation of their landing permits were authorized and that the plaintiffs did not show that the actions taken by the government officials were unlawful or unreasonable.The United States Court of Appeals for the First Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the requirement for ships to maintain an Oil Record Book under 33 C.F.R. § 151.25 is valid and that the plaintiffs' detention was justified under the circumstances. The court also found that the plaintiffs failed to establish their claims for false arrest, false imprisonment, abuse of process, and intentional infliction of emotional distress under the FTCA. Additionally, the court concluded that the Bivens claim presented a new context and that special factors counseled hesitation in extending a Bivens remedy, particularly given the availability of alternative remedies and the implications for government policy and international relations. View "Hornof v. United States" on Justia Law

In this case, a citizen-journalist named Inge Berge recorded a video in the Gloucester school superintendent's office, questioning COVID-19 policies. He openly filmed the interactions and later posted the video on Facebook. The school district's human resources director, Roberta Eason, sent Berge a letter demanding he remove the video, citing a violation of Massachusetts's wiretap act, which prohibits secret recordings. However, Berge's recording was not secret, and he did not remove the video. Instead, he filed a lawsuit against the Gloucester School Committee and individual officials, alleging First Amendment retaliation and seeking declaratory relief.The United States District Court for the District of Massachusetts dismissed Berge's complaint. The court granted the individual defendants qualified immunity on the First Amendment retaliation claim, ruling that Berge had not shown a clearly established right to publish the video. The court also dismissed the declaratory relief claims as moot, noting that the school district had revoked the demand letter and assured no further action would be taken against Berge. Additionally, the court denied Berge's motion for a temporary restraining order and preliminary injunction as moot.The United States Court of Appeals for the First Circuit reviewed the case. The court vacated the district court's dismissal of the First Amendment retaliation claim against the individual defendants, holding that Berge plausibly alleged a violation of a clearly established right to publish on a matter of public concern. The court affirmed the dismissal of the declaratory relief claims as moot, given the school district's retraction of the demand letter and assurances. The court also affirmed the denial of the motion for a temporary restraining order and preliminary injunction as moot. The case was remanded for further proceedings consistent with the appellate court's opinion. View "Berge v. School Committee of Gloucester" on Justia Law

The appellant, Calvin Mendes, pleaded guilty to multiple drug-related charges and being a felon in possession of a firearm. He was sentenced to concurrent thirty-month prison terms followed by three years of supervised release. Mendes repeatedly violated the conditions of his supervised release, leading to three revocations. The first revocation resulted in a one-day prison sentence and a new nineteen-month supervised release term. The second revocation also resulted in a one-day prison sentence and a new twelve-month supervised release term. The third revocation was due to multiple violations, including drug use and associating with a felon.The United States District Court for the District of Massachusetts held a third revocation hearing. The court agreed not to consider one of the alleged violations (Violation V) on the merits but noted that the guideline sentencing range would be affected. The government recommended a thirty-month prison sentence, citing Mendes' repeated violations and lack of respect for the law. Mendes argued for a lesser sentence, highlighting his mental health struggles and lack of housing. The district court sentenced Mendes to thirty months in prison with no supervised release to follow.The United States Court of Appeals for the First Circuit reviewed the case. Mendes argued that his sentence was procedurally flawed because the district court did not adequately explain the upward variance, improperly considered unproven criminal conduct, and relied on community-based considerations. The Court of Appeals found that the district court provided a sufficient explanation for the upward variance, emphasizing Mendes' repeated violations. The court also determined that the district court did not rely on unproven criminal conduct or improper community-based considerations. The Court of Appeals affirmed the district court's sentence. View "United States v. Mendes" on Justia Law