United States v. Moffett, No. 22-1075 (1st Cir. 2022)
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The First Circuit vacated Defendant's convictions for nine counts of wire fraud and six counts of aggravated identity theft for his participation in an alleged health insurance fraud scheme, holding that the verdict form that was submitted to the jury violated Defendant's federal constitutional right to a jury trial, and the error was not harmless beyond a reasonable doubt.
Specifically, the First Circuit held (1) the district court invaded the jury's over fact-finding by overemphasizing certain of the government's evidence in a manner that was contrary to Appellant's interests, in violation of Appellant's Sixth Amendment right; and (2) there was a reasonable possibility that the constitutional violation at issue influenced the jury in reaching its verdicts in this case, and therefore, the verdicts could not stand, and remand was required.
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