Justia Criminal Law Opinion Summaries

After being extradited from Columbia, petitioner was convicted in federal court for his part in a drug conspiracy. He twice sought relief under 28 U.S.C. 2255, without success. He then sought relief under 28 U.S.C. 2241 for alleged violations of the extradition treaty. The district court denied relief, deeming the petition an attempt to circumvent the limits on section 2255. The First Circuit affirmed. Relief under section 2255 does cover violations of treaties and petitioner cannot circumvent the limits on multiple section 2255 petitions by resorting to section 2241 to assert a treaty claim that could as easily have been advanced in his original section 2255 petition.

Petitioner, serving two life terms for first degree murder, exhausted state appeals and was denied habeas corpus. His trial counsel had conceded that petitioner committed the shootings, but attempted to establish insanity. The First Circuit affirmed. Any errors committed under state law with respect to establishing competence or intoxication did not create federal constitutional issues.

Defendant pled guilty to two counts involving unlawful possession of ammunition and a firearm, a Glock Model 27, which is .40 caliber handgun capable of operating as a fully automatic machine gun (18 U.S.C. 922(g)(1), 922(o); 18 U.S.C. 921(23)). The parties recommended a sentence of 33 months of incarceration. After considering the statutory sentencing factors, 18 U.S.C. 3553(a), the court imposed a 60-month sentence, 19 months beyond the top of the guidelines sentencing range of 33-41 months, and three years of supervised release. The First Circuit affirmed. finding no substantive or procedural error.

Defendants were convicted conspiracy to distribute narcotics and possession with intent to distribute narcotics as a result of their participation in a drug point that operated within a public housing project in Guayama, Puerto Rico. The First Circuit vacated two counts of conviction, but otherwise affirmed. The district court lacked jurisdiction over a defendant who was a juvenile during much of the conspiracy, with respect to two of the substantive drug counts of which he was convicted. The court rejected challenges to the sufficiency of the evidence, evidentiary rulings, jury instructions, and sentences, which were within guidelines.

In the early 1980s, two women were murdered, apparently for domestic reasons. Their bodies were found in 2000 and Flemmi, a member of a Boston gang, confessed. The families filed claims under the Federal Tort Claims Act, 28 U.S.C. 1346(b)(1), 2401(b), 2671, 2675, alleging that the government was negligent in using and protecting Flemmi and his criminal associate, Bulger, as informants. The court awarded damages and sanctions against the government for misconduct. The First Circuit affirmed the finding of liability and award of damages, upholding a finding of causation under the Massachusetts' Wrongful Death Act, Mass. Gen. Laws ch. 229, sect. 2. The court remanded with respect to sanctions.

In the 1970s, the decedent worked as a bookmaker in Boston and was involved with Bulger's Winter Hill gang. In 1979, decedent was charged with murder. While out on bail, he offered to cooperate with police in the investigation of an drug conspiracy involving Bulger. His attorney met with Boston Police and FBI agent Connolly to discuss this offer. Unbeknownst to decedent and his attorney, Bulger was a top echelon FBI informant and Connolly was his primary handler. Connolly and others were protecting Bulger from prosecution so that he could continue supplying information. Roughly three weeks later, decedent was murdered. Several years later, after a series of investigations disclosed leaks to Bulger, his estate filed a claim under the Federal Tort Claims Act, 28 U.S.C. 1346(b)(1), 2401(b), 2671, 2675. The court awarded $1.15 million. The First Circuit affirmed, rejecting arguments that the administrative claim was filed after the statute of limitations had run and that there was insufficient admissible proof that the leak occurred and that Bulger killed decedent; and that the estate failed to meet its burden for liability based on conscious pain and suffering. Whatever they suspected, the family did not have actual or constructive knowledge of the claim until 1999.

Defendant and companions were found to be carrying large amounts of cash while passing through customs and were later connected to a mailed package containing cocaine. Defendant was convicted of attempting to possess with an intent to distribute 500 grams or more of a controlled substance, but acquitted of conspiracy to possess with an intent to distribute the same substance, 18 U.S.C. 2; 21 U.S.C.841(a)(1), 841(b)(1)(B)(ii)(II), 846. On appeal, defendant argued that the district court erroneously admitted evidence of the amount of money that he and his companions were carrying. The First Circuit affirmed. The evidence was not unfairly prejudicial and permitted the jury to infer that defendant had the means and intent to send drugs and knew he was, in fact, mailing drugs

Defendant pled guilty to conspiring to possess with intent to distribute five kilograms or more of cocaine and one kilogram or more of heroin within 1,000 feet of a public housing project, 21 U.S.C. 841, 846, and 860, and conspiring to unlawfully possess, use, or brandish a firearm in furtherance of or during and in relation to a drug trafficking crime, 18 U.S.C. 924(c)(1)(A) and 924(o) and was sentenced to 108 months imprisonment and 8 years supervised release. After the conviction was affirmed, defendant challenged the district court's denial of a petition to vacate, set aside, or correct his sentence on grounds of ineffective assistance of counsel. The First Circuit affirmed, holding that defendant failed to establish prejudice.

Defendants were convicted of failure to pay federal income tax. Neither attended sentencing. They did not respond to demands to surrender and remained holed up in their secluded home for about nine months. Marshals had information that defendants were armed and making threats, but eventually arrested the couple and found explosives, firearms, and ammunition, including rifles, armor piercing bullets, pipe bombs, and bombs nailed to trees. Convicted of conspiring to prevent federal officers from discharging their duties, 18 U.S.C. 372; conspiring to assault, resist or impede federal officers, 18 U.S.C. 111(a) and (b) and 371; using or carrying a firearm or destructive device during and in relation to a crime of violence; possessing a firearm or destructive device in furtherance of a crime of violence, 18 U.S.C. 924(c)(1)(A) and (B); being a felon in possession of a firearm, 18 U.S.C. 922(g)(1); obstruction of justice, 18 U.S.C. 1503; and failing to appear at sentencing, 18 U.S.C. 3146. They were sentenced to 35 and 37 years. The First Circuit affirmed, rejecting arguments relating to competency, defendants' beliefs that they were not obligated to pay taxes, evidentiary rulings, and jury instructions.

Defendant, convicted of second-degree murder for the death of his two-week-old son after admitting to shaking the baby, obtained a reduction to involuntary manslaughter, but the Massachusetts Supreme Judicial Court reinstated the original verdict. The federal district court dismissed a habeas corpus petition. The First Circuit affirmed. The state court's conclusion that admission of the autopsy photographs was proper was not so arbitrary or capricious as to be an unreasonable application of clearly established federal law.