U.S. v. DRAY

No. 89-1024.

901 F.2d 1132 (1990)

UNITED STATES of America, Appellee, v. Richard M. DRAY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 28, 1990.

Opinion on Denial of Rehearing April 20, 1990.


Attorney(s) appearing for the Case

William P. Homans, Jr., with whom Homans, Hamilton & Dahmen, Boston, Mass., was on brief, for defendant, appellant.

F. Dennis Saylor, IV, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief, for the U.S.

Before SELYA, ALDRICH and CYR, Circuit Judges.


SELYA, Circuit Judge.

Like a phoenix, this case arises for a second time, but with all the ascendant vigor of its first incarnation. And, like its legendary avine counterpart, this bird, too, turns to ashes. The tale follows.

I. BACKGROUND

In February 1987, defendant-appellant Richard Dray, along with Paul Ochs, was convicted of conspiracy to commit mail fraud. 18 U.S.C. §§ 371, 1341 (1982). At the same trial, Dray and Ochs were acquitted...

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