Justification in § 922(g)(1) Cases Requires Imminent Threat at the Moment of Initial Firearm Possession I. Introduction In United States v. Fort (1st Cir. May 12, 2026), the First Circuit affirmed...
United States v. Middleton: Trauma-and-Memory Expert Testimony Under Rule 702 and Jail-Call “Substantial Step” Attempted Obstruction Under 18 U.S.C. § 1591(d) I. Introduction In United States v....
First Circuit: Receipt-and-Possession Child Pornography Convictions Violate Double Jeopardy Absent a Record of Distinct Conduct I. Introduction In United States v. Ortiz-Colón (1st Cir. May 6, 2026),...
Davis-Conforming Superseding Indictments Are Timely When They Do Not Materially Broaden the Charged Conduct 1. Introduction In United States v. Padilla-Galarza (1st Cir. May 6, 2026), the First...
Bruen Step Two Sustains 18 U.S.C. § 922(g)(5)(A): Allegiance-Based Historical Analogues and the “Why/How” Inquiry for Firearm Disabilities on Unlawfully Present Aliens 1. Introduction United States...
Second Amendment “Historical Tradition” Upholds § 922(g)(5)(A) When Modern Immigration Status Creates a “Regulable-Relationship” Rationale Case: United States v. Vizcaino-Peguero (1st Cir. May 5,...
Clean Air Act Citizen Suits Require Ongoing or Repeated SIP Violations—Purely Prospective Noncompliance Is Not Actionable Under § 7604(a)(1) I. Introduction Gordon-Darby Holdings, Inc. v. Quinn is a...
Advisory Fishery Councils Do Not Cause Appointments Clause Injury When the Secretary Independently Promulgates Binding Rules Introduction In New England Fishermen's Stewardship Association v....
First Circuit: Upward Variance Cannot Rest on 31 Rounds of Ammunition or Unsupported “Firearms of War” Facts Introduction In United States v. Rosa-Borges, the First Circuit revisited two sentences...
Advisory Fishery Councils Do Not Trigger Appointments Clause Relief When Binding Rules Are Promulgated by the Secretary Introduction In New England Fishermen's Stewardship Association v. Lutnick, the...
SIAA Exclusivity Bars FTCA Law-Enforcement Claims for Coast Guard Force Used at Sea Introduction In Lantigua-Nunez v. US Coast Guard, the First Circuit addressed whether a plaintiff injured by Coast...
A Corroborated Post-Conviction INTERPOL Red Notice May Support the Serious-Nonpolitical-Crime Bar Introduction In Usma Acosta v. Blanche, the First Circuit reviewed the removal of William Hernando...
United States v. Rosa-Borges: No Upward Variance Based on 31 Rounds or Extra-Record Ammunition Claims Introduction In United States v. Rosa-Borges, the First Circuit addressed two sentencing appeals...
Deported Former State Prisoners Must Name a Current Custodian to Invoke Federal Habeas Jurisdiction Introduction In St. John v. Campbell, the United States Court of Appeals for the First Circuit...
Specific Causation Evidence Is Required for Health-Risk-Based Disability Accommodations Introduction In Friedman v. Central Maine Power Company, the First Circuit affirmed summary judgment for...
Virginia Firearm Use During Robbery Is a Guidelines Crime of Violence; Drug-Trafficking Conspiracy Remains a Controlled Substance Offense in the First Circuit Introduction In United States v. Mao,...
Putnam v. EPR Properties: Unauthenticated Public Records Can Support a Prima Facie Showing of Personal Jurisdiction and Justify Jurisdictional Discovery; Jurisdictional Dismissals Should Be Without...
Miles v. Bowers: First Step Act Time Credits Accrue From Statutory Sentence Commencement, Not BOP Arrival/Assessment Rules Introduction In Miles v. Bowers (1st Cir. Apr. 27, 2026), Arthur...
“Establishes” Means More Than “Relevant Conduct”: First Circuit Requires Clear Findings Before Using Acquitted Conduct to Trigger the Fraud Guideline via FDCA Misbranding 1. Introduction In United...
No Categorical Bar to Gang-Opposition Political-Opinion Asylum Claims; BIA Must Address Religion Claims 1. Introduction In Lopez Martinez v. Blanche (1st Cir. Apr. 23, 2026), Victor Geovany Lopez...