United States v. Carter, No. 19-1644 (1st Cir. 2021)
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The First Circuit reversed the decision of the district court granting Appellants' motions brought under Fed. R. Crim. P. 29 for a post-verdict judgment of acquittal on the charge of conspiring to defraud the United States in violation of 18 U.S.C. 371, holding that the district court erred in granting the motions.
These consolidated appeals stemmed from the federal criminal investigation into the operations of the New England Compounding Center (NECC), a licensed pharmacy, after patients across the country became ill or died from a contaminated medication. Appellants were Sharon Carter and Gregory Conigliaro, who were, respectively, NECC's former director of operations and NECC's former vice president and general manager. A jury found both Appellants guilty of violating section 371. The district court granted Appellants' motions for a judgment of acquittal on the section 371 count. The First Circuit reversed, holding that there was sufficient evidence in the record to support the convictions.
The court issued a subsequent related opinion or order on October 14, 2021.
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