United States First Circuit

In a prosecution of defendant for multiple counts of mail fraud and wire fraud, in connection with misrepresentations and misappropriation of millions of dollars in client funds, district court's denial of a motion for a new trial and imposition of a sentence of 120 months' imprisonment on each count of conviction to run concurrently is affirmed where: 1) the Brady error in this case, though regrettable, resulted in no prejudice to the defendant's substantial rights; and 2) defendant's claim of unfair surprise at sentencing is severely undermined, if not entirely undone, by his neglect to ask the district court for a continuance to meet the claimed exigency.

Appellate Information

• Decided 11/03/2010
• Published 11/03/2010

Judges

• SELYA

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Vivian Shevitz, John A. Capin