1st Circuit Case Commentaries

Dismissal Based Solely on Failure to Register Copyright Does Not Constitute Final Judgment for Claim Preclusion: First Circuit Holds in Foss v. Marvic, Inc.

Date: Jun 11, 2024

Dismissal Based Solely on Failure to Register Copyright Does Not Constitute Final Judgment for Claim Preclusion: First Circuit Holds in Foss v. Marvic, Inc. Introduction In the recent appellate...

Regulating Demeaning Student Speech in Schools: An Analysis of L.M. v. Town of Middleborough

Date: Jun 10, 2024

Regulating Demeaning Student Speech in Schools: An Analysis of L.M. v. Town of Middleborough Introduction The case of L.M., a minor by and through his father and stepmother and natural guardians,...

Prosecutorial Breach of Plea Agreement in Sentencing: United States v. Mojica-Ramos

Date: Jun 7, 2024

Prosecutorial Breach of Plea Agreement in Sentencing: United States v. Mojica-Ramos Introduction In United States v. Mojica-Ramos, the United States Court of Appeals for the First Circuit addressed a...

Affirmation of Enhanced Sentencing for Felon in Possession of a Machinegun Due to Quantitative and Contextual Aggravating Factors

Date: Jun 4, 2024

Affirmation of Enhanced Sentencing for Felon in Possession of a Machinegun Due to Quantitative and Contextual Aggravating Factors Introduction In the case of United States of America v. Jean Carlos...

Affirmation of Reasonable Suspicion and Sufficiency of Circumstantial Evidence in Drug Distribution Cases: United States v. Carmona

Date: Jun 4, 2024

Affirmation of Reasonable Suspicion and Sufficiency of Circumstantial Evidence in Drug Distribution Cases: United States v. Carmona Introduction United States of America v. Ronald Yoel Marte Carmona...

Requiring Original Hearing as Comparator in Changed Conditions for Motions to Reopen: Tulung v. Garland

Date: May 22, 2024

Requiring Original Hearing as Comparator in Changed Conditions for Motions to Reopen: Tulung v. Garland Introduction In the landmark case of Edwin Kurniawan Tulung, Elizabeth Angelia Karauwan, Enrico...

Reaffirmation of BIA's Strict Standards for Reopening Asylum Cases Based on Changed Country Conditions in Djokro v. Garland

Date: May 18, 2024

Reaffirmation of BIA's Strict Standards for Reopening Asylum Cases Based on Changed Country Conditions in Djokro v. Garland Introduction In the landmark case of Hartono Djokro; William Simajaya...

Affirmation of Upward Sentencing Variance for Modified Machine Gun Offenses under §922(o): United States v. Calderon-Zayás

Date: May 18, 2024

Affirmation of Upward Sentencing Variance for Modified Machine Gun Offenses under §922(o): United States v. Calderon-Zayás Introduction In United States v. Victor Jordan Calderon-Zayás, the United...

Transfer to Home Confinement Does Not Trigger Supervised Release: Analysis of Brown v. Penders

Date: May 18, 2024

Transfer to Home Confinement Does Not Trigger Supervised Release: Analysis of Brown v. Penders Introduction In the recent appellate decision of Brown v. Penders, the United States Court of Appeals...

Affirmation of Sentencing in U.S. v. Cruz-Agosto Establishes Strict Adherence to Plea Agreements

Date: May 15, 2024

Affirmation of Sentencing in United States v. Cruz-Agosto Establishes Strict Adherence to Plea Agreements Introduction In the appellate case of United States of America v. Angel Luis Cruz-Agosto, the...

Harmless Grouping Error and Sentencing Reasonableness Established in Wright v. United States

Date: May 11, 2024

Harmless Grouping Error and Sentencing Reasonableness Established in Wright v. United States Introduction In the case of United States of America v. David Daoud Wright, the United States Court of...

First Circuit Upholds Strict Enforcement of Plea Agreements: United States v. Cortes-Lopez

Date: May 11, 2024

First Circuit Upholds Strict Enforcement of Plea Agreements: United States v. Cortes-Lopez Introduction In the case of United States v. Alejandro Cortes-Lopez, the United States Court of Appeals for...

Establishing Limits of Specific Personal Jurisdiction in Online Data Practices: Rosenthal v. Bloomingdales.com

Date: May 10, 2024

Establishing Limits of Specific Personal Jurisdiction in Online Data Practices: Rosenthal v. Bloomingdales.com Introduction In the digital age, the proliferation of sophisticated software...

Affirmation of Maximum Revocation Sentences for Serial Supervised Release Violations Involving Firearms and Controlled Substances

Date: May 10, 2024

Affirmation of Maximum Revocation Sentences for Serial Supervised Release Violations Involving Firearms and Controlled Substances Introduction In the case of United States of America Miguel Appellee...

First Circuit Affirms Summary Judgment in EPA Disability Discrimination Case, Reinforcing Prima Facie Standards

Date: May 10, 2024

First Circuit Affirms Summary Judgment in EPA Disability Discrimination Case, Reinforcing Prima Facie Standards Introduction In the case of Carlos M. Rivera-Velazquez v. Michael S. Regan, the United...

Affirmation of Upward Sentencing Variance in Firearms and Ammunition Possession Cases

Date: May 4, 2024

Affirmation of Upward Sentencing Variance in Firearms and Ammunition Possession Cases Introduction In United States of America v. Andy G. Morales-Vélez, the United States Court of Appeals for the...

Denial of Asylum for "Small Business Owners" PSG Fails to Meet Legal Cognizability Standards: First Circuit Upholds BIA Decision

Date: May 3, 2024

Denial of Asylum for "Small Business Owners" PSG Fails to Meet Legal Cognizability Standards: First Circuit Upholds BIA Decision Introduction In the case of Ana Luisa Donis-Hernandez de Cabrera et...

Reaffirmation of Supervised Release Revocation Standards in United States v. Dudley

Date: Apr 30, 2024

Reaffirmation of Supervised Release Revocation Standards in United States v. Dudley Introduction United States v. Joel Dudley, 100 F.4th 74 (1st Cir. 2024), is a significant appellate decision that...

Clarifying Venue Requirements for Money Laundering Under 18 U.S.C. § 1956(i)(1)(B): Insights from UNITED STATES v. HASSAN ABBAS

Date: Apr 30, 2024

Clarifying Venue Requirements for Money Laundering Under 18 U.S.C. § 1956(i)(1)(B): Insights from UNITED STATES v. HASSAN ABBAS Introduction In the case of UNITED STATES OF AMERICA v. HASSAN ABBAS,...

Enhancing Reliability Standards for Hearsay in Sentencing and Supervised Release Revocation: Analysis of United States v. Rosa-Borges

Date: Apr 27, 2024

Enhancing Reliability Standards for Hearsay in Sentencing and Supervised Release Revocation Analysis of United States v. Rosa-Borges, 101 F.4th 66 (2024) Introduction In United States v. Rosa-Borges,...