United States v. Chen, No. 19-1962 (1st Cir. 2021)
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The First Circuit affirmed Defendant's conviction of one count of making a materially false statement to the Federal Bureau of Investigation (FBI), in violation of 18 U.S.C. 1001(a)(2), holding that Defendant's arguments on appeal lacked merit.
Specifically, the First Circuit held (1) Defendant's argument that multiple circumstances may have caused the jury to convict him of a second statement that had not been charged, causing a mismatch or variance between the indictment and the proof, was unavailing; (2) there was no clear prosecutorial misconduct in either the opening or the closing arguments; (3) Defendant waived his claim regarding the indictment not going to the jury and the verdict form; and (4) the district court did not err in denying Defendant's motion for a new trial.
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