First Circuit

The First Circuit vacated a defendant’s sentence for maintaining a drug involved premises. The Court held that the district court erred in applying the higher offense level under USSG 2D1.8(a) because there was insufficient evidence that the defendant had participated in the underlying drug offense beyond providing her apartment to her boyfriend as a place to sell and store drugs. The fact that she knew about his drug activities and accompanied him on some of his trips to resupply, standing alone, were not enough to show she participated.

The First Circuit vacated a defendant’s sentence for possession of a firearm by an unlawful drug user. The Court held that the district court committed plain error where it varied upwards from the defendant’s Guidelines range based on the fact that the defendant possessed a machine gun and its concerns with violent crimes in Puerto Rico. The Court held that the type of firearm possessed was already covered by the Guidelines, and thus could not be the basis for an upwards variance, and the district court failed to tie its concerns with crime in Puerto Rico to this specific defendant’s conduct.

The First Circuit vacated a defendant’s sentence for possession of a machine gun. Reviewing for procedural reasonableness, the Court held that the district court failed to adequately explain its basis for its 12-month upwards variance and that the only reason cited by the court, the fact that the machine gun was dangerous, was already covered by the Guidelines and thus an improper basis for the variance.

The First Circuit vacated a defendant’s sentence which had been enhanced based on a 2014 conviction under state law for distributing marijuana, which the sentencing court held was a “controlled substance offense” under the Guidelines. The First Circuit held that convictions under state laws that do not distinguish between marijuana and hemp, as defined and legalized under federal law, cannot serve as “controlled substance offenses” under the Guidelines.

The First Circuit reversed the denial of a defendant’s motion to dismiss federal drug conspiracy offenses under the Double Jeopardy Clause of the U.S. Constitution, holding that the Puerto Rico government and U.S. federal government are not separate sovereigns for Double Jeopardy purposes, so the defendant’s federal charges for drug conspiracy were barred by his prior conviction under Puerto Rican law for the same offense conduct.

The Court affirmed the denial of the defendant’s motion to suppress, holding that fingerprints obtained as a result of an unlawful arrest should not be excluded under the routine booking exception to the Fourth Amendment.

The Court reversed the defendant’s conviction. In reviewing the trial court’s jury instructions on providing material support or resources to a terrorist organization, the Court held that a defendant does not act “in coordination” with a terrorist group simply by utilizing “strategy” or “tactics” used by that organization and published online by that organization.

The First Circuit rejected the defendants’ argument that the Government had failed to prove that the defendants had “obtained” property from another because the investor’s interest was intended for a friend and not the defendants. The Court also rejected the defendants’ argument that the investor’s interest in the clinic was not “property” under the Hobbs Act because it was not profitable at the time of the attempted extortion and that a “heightened showing” of an effect on interstate commerce is required when the victim is an individual rather than a business.