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U.S. v. THEODORE

No. 02-1281.

354 F.3d 1 (2003)

UNITED STATES of America, Appellee, v. Thomas Ronald THEODORE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 12, 2003.

Attorney(s) appearing for the Case

Raymond J. Rigat, with whom Gilbride & Rigat was on brief for Defendant-Appellant.

Paul G. Levenson, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Adam J. Bookbinder, Assistant United States Attorney, were on brief for Appellee.

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

STAHL, Senior Circuit Judge.

Defendant-appellant Thomas Ronald Theodore appeals from his conviction and sentence on nine counts of mail fraud, in violation of 19 U.S.C. § 1341, and three counts of violating the Food Drug and Cosmetic Act, 21 U.S.C. §§ 331(a), (d), & (p). He contends that the district court erred: (1) when it denied defense counsel's motion to withdraw and request for a continuance; (2) when it did not declare mid-trial a mistrial...

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