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BREYER, Circuit Judge.
These eight appeals arise from a single prosecution, of nine Boston policemen and a state legislative aide, for conspiring to steal advance copies of civil service examinations and sell them to policemen so they could cheat and obtain promotions. These eight defendants appeal from convictions for conspiracy to commit mail fraud, racketeering, and perjury. See 18 U.S.C. § 371 (conspiracy), § 1341 (mail fraud), §§ 1961-68 (Racketeer Influenced and Corrupt Organizations Act (RICO)), and § 1623 (perjury). The most significant legal claim (advanced by five appellants) is that the Supreme Court's recent interpretation of the federal mail fraud statute, set forth in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), decided after the appellants' trial, shows that the government tried this case using an incorrect legal theory about "fraud." Appellants add that McNally therefore requires the government to try them again.
http://www.leagle.com/decision/1989914867F2d47_1911/U.S.%20v.%20DOHERTY
United States Court of Appeals, First Circuit.
Heard October 7, 1988.
Decided February 1, 1989.
As Amended on Denial of Rehearings March 16, 1989.
Heard October 7, 1988.
Decided February 1, 1989.
As Amended on Denial of Rehearings March 16, 1989.
Richard M. Egbert, Boston, Mass., for defendant, appellant John A. deliere.
George F. Gormley, by Appointment of the Court, with whom Ellen A. Howard and Gormley & Keefe, Boston, Mass., were on brief, for defendant, appellant Nicholas Salerno.
Frederic C. Harris, Waltham, Mass., and John Baccari, Reading, Mass., with whom Thomas C. Troy, by Appointment of the Court, and Law Offices of Troy and Baccari, Wakefield, Mass., were on brief, for defendant, appellant Thomas K. Doherty.
MaryEllen Kelleher, for defendant, appellant Arthur Pino.
Francis K. Morris, Southboro, Mass., with whom Thomas E. Finnerty, P.C., Boston, Mass., by Appointment of the Court, was on brief, for defendant, appellant Nelson E. Barner.
Thomas P. Noone, Malden, Mass., for defendant, appellant Robert W. Clemente, Sr.
Richard E. Bachman with whom Charles E. Chase and Hale, Sanderson, Byrnes & Morton, Boston, Mass., were on brief, for defendant, appellant Gerald W. Clemente.
Thomas J. May with whom Johnson, Mee & May and John J. O'Connor, Boston, Mass., were on brief, for defendant, appellant Frank Ray.
Robert S. Mueller, III, Deputy U.S. Atty., Weston, Mass., with whom Frank L. McNamara, Jr., U.S. Atty., and Alexandra Leake, Asst. U.S. Atty., Boston, Mass., were on consolidated brief, for appellee.
Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.
7:17 pm 1-23-16
George F. Gormley, by Appointment of the Court, with whom Ellen A. Howard and Gormley & Keefe, Boston, Mass., were on brief, for defendant, appellant Nicholas Salerno.
Frederic C. Harris, Waltham, Mass., and John Baccari, Reading, Mass., with whom Thomas C. Troy, by Appointment of the Court, and Law Offices of Troy and Baccari, Wakefield, Mass., were on brief, for defendant, appellant Thomas K. Doherty.
MaryEllen Kelleher, for defendant, appellant Arthur Pino.
Francis K. Morris, Southboro, Mass., with whom Thomas E. Finnerty, P.C., Boston, Mass., by Appointment of the Court, was on brief, for defendant, appellant Nelson E. Barner.
Thomas P. Noone, Malden, Mass., for defendant, appellant Robert W. Clemente, Sr.
Richard E. Bachman with whom Charles E. Chase and Hale, Sanderson, Byrnes & Morton, Boston, Mass., were on brief, for defendant, appellant Gerald W. Clemente.
Thomas J. May with whom Johnson, Mee & May and John J. O'Connor, Boston, Mass., were on brief, for defendant, appellant Frank Ray.
Robert S. Mueller, III, Deputy U.S. Atty., Weston, Mass., with whom Frank L. McNamara, Jr., U.S. Atty., and Alexandra Leake, Asst. U.S. Atty., Boston, Mass., were on consolidated brief, for appellee.
Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.
7:17 pm 1-23-16
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