United States v. Foley, No. 13-1048 (1st Cir. 2015)
Annotate this CaseAfter a jury trial, Defendant was convicted of thirty-three counts of wire fraud and five counts of money laundering arising from his role in a mortgage fraud scheme. The district court imposed a below-Guidelines sentence of seventy-two months’ incarceration and ordered restitution of nearly $2.2 million. The First Circuit affirmed Defendant’s conviction and sentence, except that it vacated in part the restitution order, holding (1) the evidence was sufficient to support the convictions as to twenty-eight of the wire fraud counts and all of the money laundering counts; (2) the district court did not abuse its discretion as to three of its adverse evidentiary rulings; (3) the prosecutor did not commit misconduct in his closing argument; (4) Defendant’s seventy-two month sentence was both procedurally and substantively reasonable; and (5) the district court erred in calculating restitution. Remanded.
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