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U.S. v. DeCICCO

No. 05-1645.

439 F.3d 36 (2006)

UNITED STATES of America, Appellee, v. Gary P. DeCICCO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 2, 2006.

Attorney(s) appearing for the Case

Joseph S. Oteri, with whom Kimberly Homan were on brief, for appellant.

Robert E. Richardson, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, were on brief, for appellee.

Before TORRUELLA and LYNCH, Circuit Judges, and LASKER, Senior District Judge.

TORRUELLA, Circuit Judge.

On September 27, 2000, a grand jury sitting in Boston, Massachusetts returned an indictment charging Gary P. DeCicco ("appellant") with four counts of mail fraud, in violation of 18 U.S.C. § 1341, in connection with claims for insurance proceeds submitted in the wake of two 1995 fires (Counts 1-4), and two counts of use of fire to commit a felony, in violation of 18 U.S.C. §§ 844(h)(1) & (2) (Counts 5-6). Although DeCicco...

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