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U.S. v. CHESKA

No. 98-2665.

202 F.3d 947 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Robert CHESKA, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 31, 2000.

As Modified March 21, 2000.

Attorney(s) appearing for the Case

Susan E. Cox, Office of the U.S. Attorney, Criminal Div., Mark S. Hersh (argued), Office of the U.S. Attorney, Criminal Appellate Division, Chicago, IL, for plaintiff-appellant.

Gerald P. Boyle, Jonathan C. Smith (argued), Milwaukee, WI, Eugene O'Malley, Chicago, IL, for defendant-appellee.

Before BAUER, CUDAHY and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Robert Cheska was charged with mail fraud in conjunction with a scheme to kill horses for insurance money. He was convicted by a jury, but the district court granted a new trial because of a remark made by the prosecutor during closing arguments. Because of the broad discretion accorded district court judges in deciding whether to grant a new trial, we affirm.

I.

Cheska and his co-defendant, George Nuber...

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