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U.S. v. PRIGMORE

Nos. 00-1158, 00-1229 and 00-1230.

243 F.3d 1 (2001)

UNITED STATES, Appellee, v. David W. PRIGMORE, Defendant, Appellant, United States, Appellee, v. Lee H. Leichter, Defendant, Appellant, United States, Appellee, v. John F. Cvinar, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 16, 2001.

Attorney(s) appearing for the Case

Richard G. Taranto, with whom Farr & Taranto, Andrew Good, Harvey A. Silverglate, Silverglate & Good, William H. Kettlewell, Michael B. Galvin, Dwyer & Collora, LLP, Robert D. Keefe, Daniel W. Halston, Jason T. Sherwood, and Hale and Dorr LLP, were on brief, for appellants.

David S. Kris, Attorney, Department of Justice, with whom David S. Mackey, Acting United States Attorney, Stephen A. Higginson, Special Assistant United States Attorney, and Michael K. Loucks, Assistant United States Attorney, were on brief, for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

On August 24, 1995, after a twenty-seven day trial, a jury convicted defendants-appellants Lee H. Leichter, John F. Cvinar, and David W. Prigmore of conspiring to defraud and impair the functioning of the United States Food and Drug Administration (FDA) in connection with its oversight and regulation of medical devices. See 18 U.S.C. § 371. The jury simultaneously acquitted George Maloney and Kenneth Thurston of the same charge. The...

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