U.S. v. AFFINITO

Nos. 87-5343, 88-5088.

873 F.2d 1261 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Ralph AFFINITO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1989.


Attorney(s) appearing for the Case

Michael W. Fitzgerald, and Adam B. Schiff, Asst. U.S. Attys., Los Angeles, Cal., for plaintiff-appellant.

Bruce I. Hochman, Hochman, Salkin & DeRoy, Beverly Hills, Cal., for defendant-appellee.

Before TANG, NORRIS and HALL, Circuit Judges.


CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiff-Appellant United States of America appeals the district court's order granting Defendant-Appellee Ralph Affinito's motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29. The jury had returned guilty verdicts against appellee on five counts of mail fraud under 18 U.S.C. § 1341. Subsequently, but prior to sentencing, the Supreme Court handed down its decision in McNally v. United States...

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