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U.S. v. KENRICK

Nos. 98-1282, 98-1283.

221 F.3d 19 (2000)

UNITED STATES, Appellee, v. Albert KENRICK, Defendant, Appellant. United States, Appellee, v. Derek Ober, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 2, 2000.

Attorney(s) appearing for the Case

Harry C. Mezer, with whom William A. Brown was on brief, for appellant Albert Kenrick.

Terrence F. Sheehy for appellant Derek Ober.

Ellen R. Meltzer, U.S. Department of Justice, with whom Donald K. Stern, U.S. Attorney, and Christopher L. Varner and Clifford I. Rones, U.S. Department of Justice, were on brief and Kirby A. Heller, U.S. Department of Justice, was on supplemental brief, for appellee.

Before TORRUEL LA, Chief Judge, SELYA, BOUDIN, STAHL, LYNCH and LIPEZ, Circuit Judges, COFFIN and CAMPBELL, Senior Circuit Judges.

OPINION EN BANC

LIPEZ, Circuit Judge.

Albert Kenrick and Derek Ober appeal from judgments of conviction entered after a jury trial in the United States District Court for the District of Massachusetts. The jury found Kenrick guilty of one count of bank fraud and Ober guilty of four counts of bank fraud and one count of perjury. They argue, for the first time on appeal, that the district court erred in instructing...

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