United States v. Shafa

── United States v. Shafa ── Court: Court of Appeals for the First Circuit Date: April 24, 2026 Category: General United States Court of Appeals For the First Circuit No. 25-1146 UNITED STATES, Appellee, v. RAHIM SHAFA, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Margaret R. Guzman, U.S. District Judge] Before Barron, Chief Judge, Lipez and Rikelman, Circuit Judges. Martin G. Weinberg, with whom Michael Pabian was on brief, for appellant. Karen L. Eisenstadt, Assistant U.S. Attorney, with whom Leah B. Foley, United States Attorney, was on brief, for appellee. April 24, 2026  BARRON, Chief Judge. In this appeal, Rahim Shafa ("Shafa") seeks to overturn his federal convictions for international money laundering and/or aiding and abetting the same, importing merchandise contrary to law and/or aiding and abetting the same, and receipt and delivery of misbranded drugs. The convictions relate to his operation and ownership of a Massachusetts-based clinic that provided patients with imported drugs to treat addiction. He was sentenced for each of these convictions to a term of 36 months of imprisonment, with each sentence to be served concurrently. Shafa contends that his convictions must be vacated due to errors that the United States District Court for the District of Massachusetts made in determining the evidence that could be admitted at his criminal trial. He separately argues that his sentences cannot stand due to errors that the District Court made in applying the United States Sentencing Guidelines ("Guidelines"). We affirm Shafa's convictions but vacate his sentence for misdemeanor misbranding. We also retain jurisdiction over this appeal as to his challenges to his other sentences while remanding the case for further consideration consistent with this decision. On remand, the District Court is directed to clarify the basis for its determination that § 2B1.1 of the Guidelines, which is commonly known as the fraud guideline, applied to Shafa. - 2 -  I. The Food, Drug, and Cosmetic Act ("FDCA"), 52 Stat. 1040, as amended, 21 U.S.C. § 301 et seq., regulates, among other things, the manufacture, labeling, and distribution of prescription drugs shipped or received in interstate commerce.1 Under the FDCA, a prescription drug is "misbranded" if "at any time prior to dispensing the label of the drug fails to bear, at a minimum, the symbol 'Rx only.'" 21 U.S.C. § 353(b)(4). Any such drug will also be deemed "misbranded" under 21 U.S.C. § 352(b) if it is packaged without a label bearing both the "name and place of business of the manufacturer, packer, or distributor" and "an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count." In addition, any such drug will be deemed "misbranded" under 21 U.S.C. § 352(f)(1) if its label does not have "adequate directions for use." 21 U.S.C. § 331(c) criminalizes the "receipt in interstate commerce of any . . . drug . . . that is . . . misbranded, and the delivery or proffered delivery thereof for pay or otherwise." The FDCA further provides in § 333(a)(2) that "if any person commits" a violation of 21 U.S.C. § 331 "with the intent 1 A prescription drug, as relevant here, is a drug that is intended for human use and, "because of its toxicity or other potentiality for harmful effect, or th