United States First Circuit

Forfeiture order, sentence and conviction of conspiracy and embezzlement from a federally funded organization, 18 U.S.C. section 371 and 666(a)(1)(A), arising out of defendant's wrongful use of his political clout to divert federal funds granted to a state agency, are: 1) affirmed as conviction over defendant's meritless claims; 2) affirmed as to sentence over his four claims of sentencing error, including one -- a challenge to position-of-trust enhancement -- that address a question of first impression in this circuit; and 3) vacated as to the forfeiture order where the district court lacked jurisdiction to enter that order.

Appellate Information

• Published 2016/11/07

Judges

• SELYA

Court

• United States First Circuit

Counsel