No. 05-2616.

470 F.3d 33 (2006)

UNITED STATES of America, Appellee, v. Steven D. MUEFFELMAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 28, 2006.

Attorney(s) appearing for the Case

Martin G. Weinberg with whom Kimberly Homan was on brief for appellant.

Peter A. Mullin, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

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

BOUDIN, Chief Judge.

By a superseding indictment, Steven Mueffelman was charged by a federal grand jury with 15 counts of mail fraud, 18 U.S.C. § 1341 (2000), and 3 counts of wire fraud. Id. § 1343. A co-defendant, John Lombardi, pled guilty, but Mueffelman went to trial in a proceeding lasting almost a month. Reserving details and disputed issues for the discussion below, the evidence showed the following.

In the summer of 1996, Mueffelman...


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