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United States First Circuit


US v. Carpenter, 14-1286

In 2013, after a new trial and a second jury found defendant guilty of mail and wire fraud in connection with his mishandling of client escrow funds, the 1st circuit reversed a district court order setting aside the verdict, and remanded for sentencing. Prior to sentencing, defendant again moved to have the district court dismiss his indictment, but his motion was denied and the district court sentenced defendant to 36 months' imprisonment, 3 years' supervised release, and penalties, and ordered forfeiture of over 14 million dollars. Post-sentencing, defendant now directly appeals, contending that the lengthy duration of the criminal proceedings (indictment in September 2004) violated his constitutional and statutory speedy trial rights. The judgment of the district court is affirmed in all respects, where: 1) defendant has not demonstrated prejudice, and combined with the fact that defendant was found guilty by two separate juries, dismissal of the indictment is unwarranted here; 2) the record is clear that the district court balanced counsels' schedules with the public's interest in a speedy trial, and thus its decision represents a determination that granting a continuance served the "ends of justice"; and 3) the district court was not unreasonable in failing to find that the stock market downturn did not justify a downward sentencing departure.

Appellate Information

  • Decided 03/30/2015
  • Published 03/30/2015

Judges

  • Kayatta

Court

  • United States First Circuit

Counsel

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