United States v. Cantwell, No. 21-1186 (1st Cir. 2023)
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The First Circuit affirmed the judgment of the district court convicting Defendant of extortionate interstate communications and threatening to injury property or reputation, holding that Defendant did not meet his burden on any of his claims of error.
On appeal, Defendant argued, among other things, that the government improperly relied on statements made by a non-testifying witness in its closing argument and improperly instructed the jury that provocation was not a defense. The First Circuit affirmed, holding (1) the prosecutor's use of the statement at issue was improper, but the improper comment did not likely affect the outcome of the trial; (2) the district court did not abuse its discretion in giving a provocation instruction; and (3) the district court did not abuse its discretion in denying Defendant's request for a downward departure.
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