United States v. Herman, No. 16-2001 (1st Cir. 2017)Annotate this Case
After a jury trial, Defendant was convicted of conspiracy, willful violation of the Investment Advisers Act, wire fraud, and corruptly impeding the administration of internal revenue laws. Defendant was sentenced to eighty-four months in prison, a below-guidelines sentence. Defendant appealed, arguing that the trial court’s reasonable doubt instructions were deficient and claiming sentencing error. The First Circuit affirmed Defendant’s convictions and sentence, holding (1) Defendant’s claims of instructional error ultimately failed; and (2) the district court’s decision refusing to grant a downward departure on two alternative bases was reasonable.