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UNITED STATES v. FINUCAN

No. 82-1506.

708 F.2d 838 (1983)

UNITED STATES of America, Appellant, v. Richard FINUCAN and Dee Rocca, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 26, 1983.

Attorney(s) appearing for the Case

Robert J. Lynn, First Asst. U.S. Atty., Concord, N.H., with whom W. Stephen Thayer, III, U.S. Atty., Concord, N.H., was on brief, for appellant.

R. David DePuy, Manchester, N.H., and Wilbur A. Glahn, III, Concord, N.H., by appointment of the Court, with whom Alice C. Briggs, and McLane, Graf, Raulerson & Middleton Professional Association, Manchester, N.H., were on brief, for Dee Rocca.

Before CAMPBELL and BOWNES, Circuit Judges, and CAFFREY, District Judge.

LEVIN H. CAMPBELL, Chief Judge.

Appellee Dee Rocca and codefendant Richard Finucan were charged with conspiracy to commit mail fraud in violation of 18 U.S.C. §§ 371, 1341 and 1343, in connection with a motor vehicle odometer "rollback" scheme, and with seven counts of violating section 404 of the Motor Vehicle Information and Cost Savings Act of 1972, 15 U.S.C. § 1984, in connection with the same scheme. Rocca was also charged with three counts of...

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