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U.S. v. CARPENTER

Nos. 06-1373, 06-1374, 06-1488.

494 F.3d 13 (2007)

UNITED STATES of America, Appellant, Cross-Appellee, v. Daniel E. CARPENTER, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided July 18, 2007.

Attorney(s) appearing for the Case

Michael J. Pineault, Assistant U.S. Attorney, with whom Michael J. Sullivan, U.S. Attorney, was on brief, for appellant, cross-appellee.

Martin G. Weinberg, with whom Robert M. Goldstein was on brief for appellee, cross-appellant.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

In an appeal brought by the government, we must decide whether the district court erred when it granted Daniel Carpenter a new trial because the government's use of inflammatory language during its closing and rebuttal arguments prejudiced the jury and denied Carpenter a fair trial. In a cross-appeal, Carpenter asserts that the district court erred in failing to grant his motion for judgment of acquittal. We affirm the new trial ruling. We conclude...

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