Justia Criminal Law Opinion Summaries

In October 1, 2021, Sean J. Trahan pleaded guilty to possession and knowing access with intent to view child pornography, violating 18 U.S.C. § 2252A(a)(5)(B). The district court sentenced him to 126 months' imprisonment, applying a sentencing enhancement based on Trahan's prior state conviction for possession of "visual material of child depicted in sexual conduct," which the court determined required a ten-year mandatory minimum under § 2252A(b)(2).The United States District Court for the District of Massachusetts initially reviewed the case. Trahan objected to the imposition of the mandatory minimum, arguing that his prior state conviction did not qualify under § 2252A(b)(2) because the state statute criminalized more conduct than the federal statute. He also challenged the imposition of a consecutive six-month sentence under 18 U.S.C. § 3147 for an offense committed while on pretrial release, arguing it violated the Sixth Amendment. The district court rejected these arguments and sentenced Trahan to 126 months' imprisonment.The United States Court of Appeals for the First Circuit reviewed the case. The court held that the phrase "relating to" in § 2252A(b)(2) has a broadening effect, meaning that a state conviction need not be an exact match with the federal definition of child pornography to trigger the mandatory minimum. The court found that Trahan's prior state conviction was sufficiently related to the federal definition to warrant the enhancement. Additionally, the court rejected Trahan's Alleyne challenge, concluding that any error in imposing the consecutive sentence under § 3147 was harmless because there was overwhelming evidence that Trahan committed the offense while on pretrial release. The First Circuit affirmed the district court's 126-month sentence. View "United States v. Trahan" on Justia Law

Fesnel Lafortune, a Haitian national, entered the U.S. on a B-2 visitor visa in 2008 and overstayed. In 2019, he pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft, receiving a combined prison sentence of 31 months. Following his convictions, the Department of Homeland Security (DHS) charged him with removability due to his lack of lawful status and his conviction for an aggravated felony involving fraud exceeding $10,000.The Immigration Judge (IJ) found Lafortune removable and denied his claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Lafortune, appearing pro se, requested continuances to find counsel, which were denied. He admitted to the allegations and expressed fear of returning to Haiti. The IJ ruled him ineligible for asylum and other protections, citing his conviction as a particularly serious crime. Lafortune appealed to the Board of Immigration Appeals (BIA), which remanded the case for him to secure counsel. On remand, the IJ again denied his requests for continuances and upheld the original decision. Lafortune, now with counsel, appealed again to the BIA, which dismissed his appeal.The United States Court of Appeals for the First Circuit reviewed the case. The court upheld the BIA's decision, agreeing that Lafortune's conviction for conspiracy to commit bank fraud constituted a particularly serious crime, making him ineligible for withholding of removal. The court also found no error in the IJ's and BIA's handling of Lafortune's CAT claim, concluding that he failed to demonstrate a particularized risk of torture by or with the acquiescence of Haitian officials. The petition for review was denied. View "Lafortune v. Garland" on Justia Law

Nathan Reardon, the appellant, pleaded guilty in 2022 to five counts of bank fraud related to fraudulent loan applications for pandemic-relief funds. He was sentenced to five concurrent twenty-month terms of imprisonment followed by three years of supervised release. The First Circuit previously vacated a special condition of his supervised release that banned him from self-employment due to inadequate explanation. On remand, the district court provided a fuller explanation and retained the condition. Reardon’s supervised release began on July 7, 2023, but within six weeks, the probation office filed a petition to revoke it, citing multiple violations, including failure to provide financial information, engaging in self-employment, and incurring new credit charges without approval.The United States District Court for the District of Maine held a preliminary hearing and found probable cause for the violations, leading to Reardon's detention. At the revocation hearing, Reardon did not contest the violations. The district court calculated a guideline sentencing range of three to nine months and ultimately imposed a nine-month term of imprisonment followed by twenty-five months of supervised release. The court noted the immediacy and flagrancy of Reardon’s violations and his disregard for the conditions of his release.The United States Court of Appeals for the First Circuit reviewed the case and affirmed the district court’s decision. The appellate court found no procedural error, noting that the district court had adequately considered the relevant statutory sentencing factors and addressed the mitigating factors presented by Reardon. The court also held that the nine-month sentence was substantively reasonable given the nature and circumstances of Reardon’s violations. View "United States v. Reardon" on Justia Law

In November 2020, Homeland Security Investigations (HSI) was alerted by the Puerto Rico Police Department to a potential child exploitation case involving a sixteen-year-old female victim. HSI agents executed an arrest warrant for the appellant and seized various electronic devices, including his cellular phones, which contained numerous videos of him sexually abusing the victim. The appellant was charged with producing child pornography, possessing child pornography, and transporting a minor for criminal sexual activity. He entered a plea agreement, pleading guilty to producing child pornography and transporting a minor, while the possession charge was dismissed.The United States District Court for the District of Puerto Rico accepted the plea agreement and ordered a presentence investigation report (PSI). The PSI recommended guideline sentencing ranges of up to thirty years for producing child pornography and life imprisonment for transporting a minor. The appellant objected to a five-level enhancement for engaging in a pattern of prohibited sexual conduct, arguing it would create a sentencing disparity among similarly situated defendants in Puerto Rico. The district court rejected this argument, noting that sentencing disparity considerations primarily target national disparities and that the cases cited by the appellant were not comparable. The court sentenced the appellant to 292 months in prison for each count, to be served concurrently, and deferred ruling on a $15,000 restitution claim.The United States Court of Appeals for the First Circuit reviewed the case. The court found the appellant's claim of sentencing disparity unpersuasive, noting that the district court had appropriately considered both national and local disparities and found the cited cases dissimilar. The court also dismissed the appellant's challenge to the restitution order for lack of jurisdiction, as the appellant had not filed a notice of appeal following the amended judgment that included the restitution award. The judgment of the district court was affirmed in part and dismissed in part without prejudice. View "United States v. Gonzalez-Rivera" on Justia Law

Carl Langston was convicted of possessing a firearm in violation of 18 U.S.C. § 922(g)(1), the felon-in-possession statute. Langston argued that this statute is unconstitutional under the Second Amendment as applied to him, given his prior convictions for theft and drug trafficking under Maine law. He also challenged the district court's denial of his motion to suppress evidence obtained during a police stop and several sentencing decisions.The United States District Court for the District of Maine denied Langston's motion to suppress, finding that the police stop was based on reasonable suspicion. Langston then entered a conditional guilty plea, reserving the right to appeal the suppression ruling. At sentencing, the district court applied a four-level enhancement for possessing a firearm during a felony assault on an officer and denied Langston a reduction for acceptance of responsibility, citing his conduct during pretrial release.The United States Court of Appeals for the First Circuit reviewed Langston's claims. The court held that Langston's Second Amendment challenge failed under the plain-error standard because it was not "clear" or "obvious" that § 922(g)(1) is unconstitutional as applied to him. The court noted that the Supreme Court has consistently referred to felon-in-possession laws as "presumptively lawful."The court also upheld the district court's denial of the motion to suppress, agreeing that the totality of the circumstances gave rise to reasonable suspicion for the police stop. Additionally, the court found no plain error in the application of the sentencing enhancement for felony assault on an officer and ruled that the district court did not abuse its discretion in relying on hearsay evidence to conclude that Langston violated his pretrial release conditions. Finally, the court affirmed the denial of the acceptance-of-responsibility credit, noting the similarities between Langston's conduct at the time of his arrest and during his pretrial release.The First Circuit affirmed Langston's conviction and sentence. View "US v. Langston" on Justia Law

Jayne Carbone was convicted of stealing hundreds of thousands of dollars from her elderly uncle, Wayne Kerr, who suffered from Parkinson's disease and cancer. Carbone had access to Kerr's finances as his personal assistant and used this access to transfer funds from his accounts to herself. She was found guilty on all counts after a five-day jury trial in October 2021.The United States District Court for the District of Massachusetts denied Carbone's motions to continue the testimonies of two key government witnesses, including Kerr, whose deposition was taken before trial due to his declining health. Carbone argued that the short notice for the deposition did not give her counsel adequate time to prepare. The court also admitted the testimonies of these witnesses over Carbone's objections.The United States Court of Appeals for the First Circuit reviewed the case and found Carbone's claims meritless. The court held that the District Court did not abuse its discretion in denying the continuance motions or in admitting the testimonies. The appellate court noted that Carbone failed to demonstrate specific, concrete ways in which the denial of the continuance resulted in substantial prejudice to her defense. The court also found that the District Court did not err in admitting Kerr's deposition testimony without a competency hearing, as the evidence showed Kerr was competent at the time of his deposition. Additionally, the court ruled that the government's late disclosure of witness Christine Brown's testimony was reasonable under the circumstances and that her testimony was specially relevant to establish Carbone's motive for the theft. The appellate court affirmed Carbone's convictions. View "United States v. Carbone" on Justia Law

Michel D'Angelo, also known as Karma, appealed the denial of his motion for compassionate release. D'Angelo had been convicted of robbing Kennebunk Savings Bank in Berwick, Maine, in 2012. Disguised and armed with a screwdriver, he threatened to detonate a bomb if the teller set off the alarm, stealing $1,298. His girlfriend, Jennica, assisted by making false 911 calls. D'Angelo pleaded guilty to bank robbery in 2014 and was sentenced to 180 months in prison, designated as a "career offender" due to his extensive criminal history and mental health issues.The U.S. District Court for the District of Maine sentenced D'Angelo, considering his criminal history and mental health problems. His sentence was affirmed on appeal, and subsequent motions, including a motion to vacate his sentence, were denied. D'Angelo later filed for compassionate release, arguing that his sentence would be lower if recalculated under the Supreme Court's decision in Borden v. United States, which affected the classification of his prior offenses. He also cited his mental health issues and poor medical treatment in prison as extraordinary and compelling reasons for release. The district court denied his motion, emphasizing his potential dangerousness and the need to protect the public.The United States Court of Appeals for the First Circuit reviewed the case. The court affirmed the district court's decision, holding that the district court did not abuse its discretion in denying the motion based on the § 3553(a) factors. The appellate court found that the district court properly considered D'Angelo's criminal history, offense conduct, and potential danger to the community. The court also noted that the district court had acknowledged D'Angelo's revised Guidelines range but found that the § 3553(a) factors did not favor reducing his sentence. View "United States v. D'Angelo" on Justia Law

In this case, the defendant was convicted of possessing crack cocaine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. The Sentencing Guidelines recommended a sentence of 15 to 21 months for the drug charge and a consecutive 60 months for the firearm charge. However, the district court imposed an upward variance, sentencing the defendant to 96 months for the firearm charge and 18 months for the drug charge, totaling 114 months in prison. The court justified the upward variance by citing the quantity of ammunition and magazines the defendant possessed and the need for deterrence.The case was initially reviewed by the United States District Court for the District of Puerto Rico. The defendant pled guilty to the charges of possessing a firearm in furtherance of a drug crime and possessing crack cocaine with intent to distribute. The district court dismissed the charges of possessing a machinegun and heroin by agreement. The district court then sentenced the defendant to a total of 114 months in prison, which was 33 months above the high end of the guideline range, citing the additional contraband and the need for deterrence due to Puerto Rico's high rate of firearm offenses and murders.The United States Court of Appeals for the First Circuit reviewed the case. The defendant argued that the upward variance was procedurally and substantively unreasonable. The Court of Appeals affirmed the district court's decision, finding that the district court provided sufficient reasons for the upward variance. The court noted that the additional contraband and the need for deterrence were valid factors for the upward variance. The court concluded that the sentence was neither procedurally nor substantively unreasonable and upheld the district court's judgment. View "United States v. Rosario-Merced" on Justia Law

In the early morning of January 9, 2021, Alex Manuel López-Felicie and two accomplices broke into a closed pharmacy, stole an ATM containing approximately $21,580, and fled in a pickup truck. They were pursued by police officers in an unmarked car, leading to a shootout in a residential area. López was shot in the leg and later arrested. A firearm covered in López's blood was found nearby, although López denied firing a gun.López was indicted on one federal charge of bank larceny under 18 U.S.C. § 2113(b). He pled guilty, and the parties agreed on a guideline range of 12 to 18 months in prison, based on a total offense level of 13 and a criminal history category of I. Both the government and López recommended a sentence within this range. However, the district court sentenced López to 60 months, citing the seriousness of the offense and the substantial risk of harm caused by the discharge of firearms during the flight.The United States Court of Appeals for the First Circuit reviewed the case. López argued that the sentence was procedurally and substantively unreasonable, claiming the district court did not sufficiently justify the upward variance and that the record did not support findings that he possessed or fired a weapon. The appellate court found no procedural or substantive error, noting that the district court had adequately explained its decision, considered the relevant factors under 18 U.S.C. § 3553(a), and made reasonable factual findings. The court affirmed the 60-month sentence, concluding that the district court's decision was justified given the circumstances of the case. View "US v. Lopez-Felicie" on Justia Law

In 2017, Ángel Manuel Carmona-Alomar was found in possession of a modified 9mm Glock pistol, ammunition, marijuana, and Percocet pills during a vehicle search by Puerto Rico Police. He admitted ownership of the firearm and ammunition. Subsequently, he was charged and pled guilty to unlawful possession of a firearm by a prohibited person and possession of a machinegun. He was sentenced to thirty months in prison followed by three years of supervised release. In 2020, while on supervised release, Carmona was again found with a modified firearm and ammunition, leading to new charges and a supervised release violation.The United States District Court for the District of Puerto Rico sentenced Carmona to sixty months in prison for the new charges and an additional two years for the supervised release violation, to be served consecutively. The court justified the upward variance from the sentencing guidelines by citing Carmona's repeated offenses, lack of remorse, and the serious nature of machinegun possession, particularly in the context of Puerto Rico's gun violence issues.The United States Court of Appeals for the First Circuit reviewed the case. Carmona argued that the District Court erred procedurally by not providing case-specific reasons for the upward variance and by relying on factors already accounted for in the guidelines. He also contended that the sentence was substantively unreasonable. The First Circuit found no merit in these arguments, noting that the District Court had appropriately considered Carmona's repeated offenses and the specific context of gun violence in Puerto Rico. The appellate court affirmed both the sixty-month sentence for the new charges and the two-year sentence for the supervised release violation, concluding that the District Court did not abuse its discretion. View "US v. Carmona-Alomar" on Justia Law