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U.S. v. KAYNE

Nos. 94-1406, 94-1407.

90 F.3d 7 (1996)

UNITED STATES, Appellee, v. Richard G. KAYNE, Defendant-Appellant. UNITED STATES, Appellee, v. Edward B. KALP, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided July 24, 1996.

Attorney(s) appearing for the Case

Francis J. DiMento, with whom DiMento & Sullivan, Boston, MA, was on brief for appellant Richard G. Kayne; John L. Roberts, Springfield, MA, by Appointment of the Court, for appellant Edward B. Kalp.

Mark J. Balthazard, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, Boston, MA, was on brief for appellee.

Before TORRUELLA, Chief Judge, CYR, Circuit Judge, and SKINNER, Senior District Judge.

TORRUELLA, Chief Judge.

Defendants-appellants Edward Kalp and Richard Kayne were charged with twentynine counts of mail fraud, in violation of 18 U.S.C. § 1341. After a six week trial, a jury convicted both defendants on fifteen counts and acquitted them on four; the judge granted a motion for acquittal on one; and the government dropped the remaining counts. The defendants were sentenced to 36-months imprisonment, and ordered to pay $339,466 in restitution....

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