United States First Circuit

Conviction for conspiracy to commit money laundering is affirmed where: 1) the district court did not err by failing to instruct the jury on the statute of limitation defense as defendant waived the right to the instruction by not requesting it at trial; 2) there was no error in denying defendant's motion for acquittal on statute of limitations grounds as there was sufficient evidence that the conspiracy continued beyond that date the defendant claimed it ended; and 3) regardless of whether district court erred in admitting defendant's statement as an excited utterance, any such error was harmless.

Appellate Information

• Decided 03/05/2009
• Published 03/05/2009

Judges

• HOWARD, Circuit Judge., Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Richard B. Klibaner, with whom Klibaner & Sabino, was on brief for appellant.


• For Appellees:
  
• John-Alex Romano, Attorney, Criminal Division, United States Department of Justice, with whom Michael J. Sullivan, United States Attorney and William F. Bloomer, Assistant United States Attorney, were on brief, for appellee.