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U.S. v. SANTA-MANZANO

Nos. 86-1682, 86-1683.

842 F.2d 1 (1988)

UNITED STATES of America, Appellee, v. Rafael SANTA-MANZANO, Defendant, Appellant. UNITED STATES of America, Appellee, v. Frantz B. BELLONY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 10, 1988.

Attorney(s) appearing for the Case

Francis C. Newton, Jr., Boston, Mass., for defendant, appellant Frantz B. Bellony.

Martin Lemlich, Miami Beach, Fla., with whom John H. Lipinski, Miami, Fla., was on brief, for defendant, appellant, Rafael Santa-Manzano.

Jorge E. Vega-Pacheco, Asst. U.S. Atty., with whom Daniel F. Lopez Romo, U.S. Atty., San Juan, P.R., was on brief, for appellee.

Before BOWNES and BREYER, Circuit Judges, and LAFFITTE, District Judge.

BREYER, Circuit Judge.

A federal grand jury charged appellants Frantz B. Bellony and Rafael Santa Manzano with violating the wire fraud statute, 18 U.S.C. § 1343 (1982), a statute that in relevant part prohibits the use of "wire ... communication" to "execute[]" a "scheme ... to defraud [or to obtain] money or property by means of false or fraudulent pretenses, representations, or promises." The jury convicted appellants both of wire fraud and of "aiding and...

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