United States First Circuit

Conviction and sentencing of defendant for interstate stalking, cyberstalking, and mailing a threatening communication are upheld where: 1) the denial of defendant's change of venue motion submitted on the ground of prejudice due to the fact that a complaining witness worked in the same courthouse in which he was tried was not an abuse of discretion; 2) defendant's Rule 19 motions on the interstate stalking and threatening counts were correctly denied because legally sufficient evidence supported those convictions; 3) defendant's failure to raise a Rule 12(b)(3) challenge to form of his indictment is not subject to appellate review because it was waived; and 4) defendant's other evidentiary and sentencing challenges fail.

Appellate Information

• Decided 11/23/2011
• Published 11/23/2011

Judges

• SELYA, Before BOUDIN, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan Shapiro, with whom Alexandra Deal and Stern, Shapiro, Weissberg & Garin, LLP were on brief, for appellant.


• For Appellees:
  
• Marshal D. Morgan, Assistant United States Attorney, with whom Rosa Emilia Rodriguez–Velez, United States Attorney, Nelson Pérez–Sosa and Luke Cass, Assistant United States Attorneys, were on brief, for appellee.