Lyrics Cannot be Used in Sentencing Hearing Without Having a Specific Tie to the Crime

After being convicted of federal gun crimes, a musician’s violent song lyrics could not be used against him because they were not sufficiently tied to his crime or other sentencing factors

United States v. Alvarez-Nunez, 2016 BL 219988, 1st Cir., No. 15-2127, 7/8/16.

   The First Circuit held that that the First Amendment prevented a court from using a musician’s lyrics during his sentencing hearing for gun crimes. While song lyrics can be contemplated during sentencing as extrinsic evidence, they must be directly tied to the motive or state of mind of the offender. The court elaborated, saying conduct that “has no bearing on either the crime committed or on any of the relevant sentencing factors, consideration of that conduct infringes a defendant’s First Amendment rights.” While examining the song lyrics in relation to the case, the court noted that there was little evidence that connected the song lyrics to the crime.

Load Indicator Law in Massachusetts Did Not Violate Due Process

A due process challenge led by gun groups, dealers, and consumers against a new Massachusetts gun law requiring “load indicators” fails. 

Draper v. Healey, 2016 BL 194313, 1st Cir., No. 15-1429, 6/17/16.

    In a First Circuit opinion, the court found that a due process challenge against a new Massachusetts gun regulation fails because the plaintiffs was unsuccessful in showing any injury and because there was sufficient notice of the law and its requirements.

   The court first found that some of the plaintiffs lacked standing, including groups and associations from out of the state that did not have any members in Massachusetts. The next group, gun dealers, had fair notice of the law’s requirements from the state, which the court held to be sufficient, noting that blueprints or specific plans are not necessary to create notice. Finally, gun consumers did not have standing because the court found their claim of having standing derive from gun dealers was not sufficient if the gun dealer’s claim did not succeed.

http://www.bloomberglaw.com/public/document/Draper_v_Healey_No_151429_2016_BL_194313_1st_Cir_June_17_2016_Cou.