United States First Circuit

Conviction for wire fraud and conspiracy is affirmed over defendant's arguments that: 1) the conspiracy count should have been dismissed as duplicitous; 2) the evidence presented at trial showed separate schemes and thus was insufficient to prove the single charged conspiracy; and 3) spillover in evidence between the two schemes denied defendant a fair trial on the wire fraud charges.

Appellate Information

• Decided 02/16/2007
• Published 02/16/2007

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, STAHL, Senior Circuit Judge, and BARBADORO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert D. Dimler, for appellant.


• For Appellees:
  
• Jack B. Patrick, Senior Litigation Counsel, Fraud Section, Criminal Division, U.S. Department of Justice, with whom Thomas P. Colantuono, United States Attorney, was on brief, for appellee.