United States First Circuit

Grant of a new trial in a wire fraud case is affirmed where the district court did not abuse its discretion in concluding that the government's use of inflammatory language during its closing and rebuttal arguments prejudiced the jury and denied defendant a fair trial. Defendant's cross-appeal of the denial of his motion for acquittal is dismissed for lack of jurisdiction.

Appellate Information

• Decided 07/18/2007
• Published 07/18/2007

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Michael J. Pineault, Assistant U.S. Attorney, with whom Michael J. Sullivan, U.S. Attorney, was on brief, for appellant, cross-appellee., Martin G. Weinberg, with whom Robert M. Goldstein was on brief for appellee, cross-appellant.