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U.S. v. DIAZ

No. 01-1904.

300 F.3d 66 (2002)

UNITED STATES of America, Appellee, v. Franklin DIAZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 20, 2002.

Attorney(s) appearing for the Case

Thomas M. Dickinson, with whom Pine & Cantor was on brief for appellant.

Donald C. Lockhart, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, and Stephanie S. Browne, Assistant United States Attorney, were on brief for appellee.

Before BOUDIN, Chief Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

On February 1, 1999, there was a fire at a restaurant owned by defendant-appellant Franklin Diaz. Thereafter, Diaz was charged by a federal grand jury in a six-count indictment with malicious destruction by fire of property used in interstate commerce (arson) in violation of 18 U.S.C. §§ 844(i) and 2 (Count I); mail and wire fraud in violation of 18 U.S.C. §§ 1341, 1343 and 2 (Counts II-IV); and use of fire to commit a federal...

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