United States First Circuit

Conviction and sentence on multiple counts of mail fraud are affirmed where: 1) genuine optimism about the chance for a business' success does not excuse false statements under the mail fraud statute; 2) there was no constructive amendment of the indictment; 3) the judge acted reasonably during sentencing; and 4) the disparity between two defendants' sentences was justified by one defendant's cooperation with authorities.

Appellate Information

• Decided 11/28/2006
• Published 11/28/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Martin G. Weinberg with whom Kimberly Homan was on brief for appellant.


• For Appellees:
  
• Peter A. Mullin, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.