Substantial Ammunition as an Independent Basis for an Upward Variance in § 922(o) Machinegun Possession Sentencing I. Introduction United States v. Colon-Vazquez (1st Cir. June 26, 2026) addresses...
Protective-Order Redressability as a Standing Bar in Second Amendment Challenges; Bruen Alone Does Not Clearly Establish a Damages Right for Concealed-Permit Denials Case: Taker v. Blanche Court:...
Alves-Pains v. Blanche: Reconsideration Requires Specific Error; PSG Membership Must Be Proven, and “Perceived” Family PSGs Fail Particularity 1. Introduction In Alves-Pains v. Blanche (1st Cir. June...
Upward Variances After a Taylor Vacatur: Guidelines “Unit Cap” and Dismissed § 924(c) Exposure Can Justify Reimposing the Original Aggregate Sentence I. Introduction In United States v....
Probable Cause for Freenet Warrants via Request-Pattern Analysis; Yates Inapplicable to Factually Inadequate “Lasciviousness” Theories I. Introduction In United States v. Baxter (1st Cir. 2026),...
Mitigating Role Requires Identifying All Discernable Participants in Relevant Conduct (Not Just the Apprehended Crew) Case: United States v. da Conceição-Level (1st Cir. June 16, 2026) Court: United...
PROMESA Title III Discharge Does Not Extend to Personal-Capacity Claims Against Commonwealth Officials I. Introduction Case: Hernández Zorilla v. FOMB (arising within the Commonwealth’s PROMESA Title...
Rule 56(d) Relief in the First Circuit: Summary Judgment Is Generally Premature When the Nonmovant Has Had No Meaningful Discovery Opportunity 1. Introduction Cortes-Ramos v. Martin-Morales (1st Cir....
Attempted Child Sex Trafficking: Reckless Disregard of Age Suffices Even Without an Actual Minor (and § 1594 Judgments Do Not Become § 1591 Convictions for First Step Act Purposes) I. Introduction...
Data-Breach Standing in the First Circuit: Actual Misuse Can Be Injury-in-Fact, but Traceability Requires Plausible, Nonconclusory Facts Linking the Misuse to the Breach I. Introduction In...
Crawford v. Salve Regina University: Pleading-Stage “Nexus to Decisionmakers” Requirement for Discrimination/Hostile Environment Claims in Faculty Termination Cases Introduction In Crawford v. Salve...
Undisclosed, Material Ex Parte Sentencing Facts Require Vacatur and Reassignment on Remand (First Circuit) Introduction In United States v. Maldonado-Maldonado (1st Cir. June 8, 2026), the First...
New First Circuit Rule: Three Freenet Child-Pornography File Requests in Minutes Can Establish Probable Cause—and Remain Fresh Nine Months Later Case: United States v. Daigle (1st Cir. June 10, 2026)...
Discretion First: Summary Denial of First Step Act Relief Upheld Where § 3553(a) Factors Outweigh Rehabilitation, Allowing Appellate Bypass of Eligibility I. Introduction In United States v....
AEDPA “Fairminded Jurist” Deference Bars Habeas Relief for Omitted Eyewitness-Identification Instruction, Speculative Bias Cross-Examination Limits, and Immaterial Brady Non-Disclosure I....
Proxy “Expectation of Regulatory Approval” Becomes Actionable When Omitted, Known Regulatory Non-Cooperation Makes the Opinion Misleading (First Circuit) Case: Premca Extra Income Fund LP v. Angle...
Agency Implementation of Presidential Directives Remains APA-Reviewable Absent “No Discretion” and Requires Developed Stay Showing 1. Introduction Orr v. Trump (1st Cir. June 5, 2026) arises from a...
Muchiri v. Blanche: The First Circuit Requires the BIA to Clearly Address Material, Arguably Raised Future-Persecution Theories (Including Imputed Membership by Family or Ethnicity) I. Introduction...
Muchiri v. Blanche: The BIA Must Clearly Address Properly Raised Future-Persecution Theories (or Explicitly Find Waiver) Before Denying Relief 1. Introduction In Muchiri v. Blanche (1st Cir. June 3,...
Unconditional Guilty Pleas Waive Grand-Jury Misconduct Claims and Unpreserved Procedural Sentencing Errors in the First Circuit Case: United States v. Maldonado (1st Cir. June 2, 2026) Court: United...