United States v. Pena, No. 17-1503 (1st Cir. 2018)
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The First Circuit affirmed the judgments of the district court convicting Alba Pena and Indranis Rocheford, sisters, of multiple counts of wire fraud and Rocheford’s sentence to thirty-three months in prison and three years of supervised release, holding that there was no error in the proceedings below.
Specifically, the Court held (1) the evidence was sufficient to sustain both Rocheford’s and Pena’s convictions; (2) there was no merit to Pena’s contention that the district court erred by now allowing her to testify as to certain witness statements and that she was prejudiced in her ability to mount a “good faith” defense to the wire fraud charges; (3) the district court did not err in failing to give a particular instruction concerning unanimity; and (4) the district court did not abuse its discretion in imposing Rocheford’s sentence.
The court issued a subsequent related opinion or order on December 18, 2018.
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