U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog

January 2016 Archives

When Anthony Soto-Rivera was arrested, he was in possession of a machine gun. Unfortunately for him, Soto-Rivera was also a felon, making his possession of any firearm, not to mention a machine gun, illegal. He pleaded guilty and was sentenced as a career criminal, under the assumption that being a felon in possession of a firearm is a "crime of violence" for federal career offender sentencing enhancements.

Not so, the First Circuit ruled last Friday. Given the Supreme Court's recent invalidation of the unconstitutionally vague "residual clause" in the Armed Career Criminal Act, the similar language in the federal sentencing guidelines must too fall, meaning the mere possession of a firearm cannot be seen as a crime of violence, the First Circuit found.

Social Worker Gets Validated in Maine Whistleblower Suit

A Maine Social Worker got an earlier Summary Judgment against her vacated by the First Circuit's Court of Appeals because of an understandable but erroneous reading of a key case.

We ask you: if your work is "excellent" and "very [good]," but you're fired soon after you blow the whistle -- is there a casual connection between your finking and your firing? A reasonable mind could probably agree there is.

'Crime-Fraud' Exception to Attorney-Client Privilege Gets Expanded

The Appeals Court for the First Circuit affirmed a lower district court's decision on the production of allegedly privileged documentation, quite possibly expanding the exception to swallow the rule.

For attorneys, this is a good chance to check up on your privileges.