The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
MoreKAYATTA , Circuit Judge . This appeal concerns the interaction between the Sentencing Guidelines' grouping rules, the one-book and multiple-offense rules, and the U.S. Constitution's Ex Post Facto Clause. In calculating the offense level for an offense committed in 2001, the district court used the 2016 Guidelines Sentencing Manual applicable to two ungrouped, later-committed offenses to which the defendant also pleaded guilty under the same indictment. The 2016 version of the manual, as...
THOMPSON , Circuit Judge . OVERVIEW Of the seventeen people indicted in this drug case, fifteen pled guilty and two stood trial together — the two being Denzel Chisholm and Molly London. At the trial's end, the jury convicted Chisholm of a variety of offenses, including conspiring to possess heroin with intent to distribute, plus possessing and distributing heroin (these counts of conviction also charged aiding-and-abetting liability) — though the jury acquitted him of being a felon in...
BARRON , Circuit Judge . In 2017, William Gaudet ("Gaudet") was convicted, after trial, in the United States District Court for the District of Maine for federal sex offenses. He was sentenced to life imprisonment. Gaudet now challenges his conviction and sentence on appeal. We affirm. I. Gaudet was indicted on December 14, 2016, on one count of Transportation of a Minor with the Intent to Engage in Criminal Sexual Activity, 18 U.S.C. 2423(a), and one count of Travel with the Intent to...
BARRON , Circuit Judge . Meylisi Rueda ("Rueda") pleaded guilty to one count of conspiracy to commit access-device fraud, in violation of 18 U.S.C. 1029(a)(2), (a)(3), and (b)(2), in the District Court for the District of Maine. She now challenges the District Court's sentence resulting from that plea. She argues that the District Court erred in its calculation of the "loss" attributable to her offense, due to what, she argues, was an incorrect reading of 2B1.1(b)(1) of the United...
NOT FOR PUBLICATION IN WEST'S FEDERAL REPORTER STAHL , Circuit Judge . Defendant-Appellant Donald Cain appeals his sentence for stalking. Following Cain's guilty plea, the district court calculated a Sentencing Guidelines ("Guidelines") range of 30 to 37 months. The district court ultimately imposed the statutory maximum sentence of 60 months, noting that Cain had relentlessly harassed the victim for over a year, threatened her children, mother, and former husband, and repeatedly defied a...
TORRUELLA , Circuit Judge . This appeal arises from the denial of a preliminary injunction that would have required the City of Boston ("City") to temporarily raise a "Christian flag" on a government-owned flagpole in front of its City Hall. Plaintiff-appellant Harold Shurtleff is the director of Camp Constitution, a volunteer association (and also a plaintiff-appellant here) established in 2009 to "enhance understanding of the country's Judeo-Christian moral heritage, the American heritage...
SELYA , Circuit Judge . Victor Torosyan, together with defendants-appellants Jambulat Tkhilaishvili and David Tkhilaishvili, planned to open a suboxone clinic (the Clinic) for the treatment of opioid addiction. The defendants had represented to Torosyan that they would provide the know-how as long as he furnished the bulk of the necessary financing. But while Torosyan was depleting his resources in order to get the Clinic up and running, the Tkhilaishvili brothers attempted to relieve him...
TORRUELLA , Circuit Judge . 1 The Commonwealth of Massachusetts brought suit on October 6, 2017, to enjoin the enforcement of two federal Interim Final Rules (together, the "IFRs") promulgated by the United States Departments of Health and Human Services ("HHS"), Labor, and the Treasury (the "Departments"), which were to become effective that day. See Religious Exemptions and Accommodations for Coverage of Certain Preventive Services Under the Affordable Care Act, 82 Fed. Reg. 47,792 (...
LYNCH , Circuit Judge . This is a sentencing appeal brought by the United States. Noor Mohamed pleaded guilty to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1) and 924(e). The district court held that, as a matter of law, Mohamed's prior Maine drug trafficking conviction did not qualify as a "controlled substance offense" under United States Sentencing Guidelines 2K2.1(a), essentially adopting the reasoning of another Maine federal judge...
SELYA , Circuit Judge . For the most part, these consolidated appeals turn on a single issue: whether the district court erred in concluding that the court which issued the wiretap warrant could have found the facts in the application to be at least minimally adequate to support the issuance of the warrant. We resolve that issue favorably to the government, conclude that the defendants' unified challenge to the wiretap is unavailing, determine that the separate claims of error mounted by...
LYNCH , Circuit Judge . A jury found Carey Ackies guilty of two counts of conspiracy to possess and possession with intent to distribute heroin and cocaine base. Though Ackies resided in New York, he distributed the drugs through his network up to Maine, where many of the key facts take place. He was sentenced to 230 months' imprisonment. His appeal challenges: denials of motions to suppress two warrants obtained by law enforcement and evidence obtained from his warrantless arrest,...
LYNCH , Circuit Judge . This case is about the enforceability of an arbitration clause alleged to be unconscionable under Massachusetts law. Yilkal Bekele, the plaintiff, drove for Lyft, Inc., the defendant, starting in mid-2014. Bekele tapped "I accept" on his iPhone 4 when presented with Lyft's Terms of Service Agreement ("TOS Agreement"), which contains a provision requiring that all disputes between the parties be resolved by one-on-one arbitration. Bekele later brought a putative...
BARRON , Circuit Judge . Thomas Jackson Miller collided with unmarked snowmaking equipment while skiing at the Mount Sunapee Resort in 2015 in Sunapee, New Hampshire. Soon thereafter, he brought a tort suit under New Hampshire law against the resort's owner, The Sunapee Difference, LLC ("Mount Sunapee"), in the District of New Hampshire. Mount Sunapee moved for a judgment on the pleadings under Federal Rule of Civil Procedure 12(c), and the District Court granted the motion after treating...
LYNCH , Circuit Judge . This case raises important issues about employer liability for a hostile work environment created by third parties and about non-employer liability for employment-related discrimination under the Maine Human Rights Act (MHRA). We articulate here the rules which govern these claims. Tara Roy, the plaintiff, worked as a nurse, employed by Correct Care Solutions, LLC (CCS), at a Maine Department of Corrections (MDOC) prison. After MDOC revoked her prison security...
TORRUELLA , Circuit Judge . Because everything old is new again, 1 Defendants Juan Bravo-Fern ndez ("Bravo") and H ctor Mart nez-Maldonado ("Mart nez") come before us for a third time. See United States v. Bravo-Fern ndez , 790 F.3d 41 (1st Cir. 2015); United States v. Fern ndez , 722 F.3d 1 (1st Cir. 2013). In this appeal, they seek to overturn their 2017 convictions for federal program bribery under 18 U.S.C. 666, arguing primarily that evidence stipulated to early in the...
Maine property to descend an embankment they would then cross, a small portion of Burbank's property in order to get to the beach. that the misconduct established is deemed by the Court, to warrant different discipline., That's the only part of his treaty-based argument we spill ink on.
United States Court of Appeals For the First Circuit No. 19-1871 JOHN DOE, Plaintiff, Appellee, v. TRUSTEES OF BOSTON COLLEGE, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Douglas P. Woodlock, U.S. District Judge] Before Lynch, Boudin, and Lipez, Circuit Judges. Daryl J. Lapp, with whom Elizabeth H. Kelly and Locke Lord LLP were on brief, for appellant. Jeannie Suk Gersen, with whom Andrew T. Miltenberg, Stuart Bernstein, Tara J....
United States Court of Appeals For the First Circuit No. 19-1377 ARABIAN SUPPORT & SERVICES COMPANY, LTD., Plaintiff, Appellant, v. TEXTRON SYSTEMS CORPORATION, Defendant, Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Patti B. Saris, U.S. District Judge] Before Lynch, Selya, and Lipez, Circuit Judges. Martin F. Gaynor III, with whom Haig V. Kalbian, D. Michelle Douglas, William P. McGrath, Jr., Kalbian Hagerty LLP, Nicholas D. Stellakis, and...
defendants to provide her medication while she is incarcerated.though, do not actually plan to obtain such an assessment from a 2 qualified doctor prior to incarcerating Smith.balance of harms;of the district court's order.defendants' appeal of that order.
United States Court of Appeals For the First Circuit No. 19-1316 AMERICAN TRUCKING ASSOCIATIONS, INC.; CUMBERLAND FARMS, INC.; M&M TRANSPORT SERVICES, INC.; NEW ENGLAND MOTOR FREIGHT, INC., Plaintiffs, Appellants, v. PETER ALVITI, JR., in his official capacity as Director of the Rhode Island Department of Transportation; RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY, Defendants, Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. William E. Smith, U.S....
