United States v. Correia, No. 21-1823 (1st Cir. 2022)
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The First Circuit affirmed Defendant's conviction for wire fraud, extortion conspiracy, and extortion, holding that Defendant was "fairly tried and lawfully convicted by an impartial jury in a trial presided over by an able judge and unblemished by any reversible error."
A jury convicted Defendant of nine counts of wire fraud, four counts of tax fraud, four counts of extortion conspiracy, and four counts of extortion in connection with his promotion of his SnoOwl app and public corruption as mayor of the city of Fall River, Massachusetts. The district court acquitted Defendant on six of the nine wire fraud counts and all four of the tax fraud counts and otherwise denied Defendant's post-trial motions. The First Circuit affirmed, holding (1) the evidence was sufficient to sustain the convictions that the district court allowed to stand; (2) Defendant was not prejudiced by "evidentiary spillover" resulting from a "transference of guilt" from the counts that the district court dismissed in a post-trial ruling; (3) there was no instructional error in this case; and (4) any alleged misconduct on the part of the prosecutor did not support Defendant's claim that the alleged misconduct prejudiced the jury and, thus, influenced the outcome of the case.
The court issued a subsequent related opinion or order on December 8, 2022.
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