United States v. Ponzo, No. 17-2153 (1st Cir. 2019)
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The First Circuit affirmed the judgment of the district court convicting Defendant on twelve federal criminal counts, including conspiracy to commit murder in aid of racketeering, Defendant’s lengthy prison sentence, and the $2.25 million money judgment forfeiture entered by the district court, holding that Defendant’s arguments on appeal were unavailing.
Specifically, the Court held that the district court (1) did not manifestly abuse its discretion in denying Defendant’s motion for a new trial under Fed. R. Crim. P. 33 on the basis of what Defendant claimed was newly discovered evidence; and (2) did not abuse its discretion in ordering the forfeiture of a gold ring in partial satisfaction of the previously ordered money judgment forfeiture.
The court issued a subsequent related opinion or order on January 18, 2019.
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