United States v. Reda, No. 14-1305 (1st Cir. 2015)
Annotate this CaseAfter a jury trial, Defendant was convicted of wire and mail fraud. The district court calculated Defendant’s sentencing range under the Sentencing Guidelines at thirty to thirty-seven months but imposed a below-Guidelines prison sentence of twenty-six months. Defendant appealed, raising claims of error in the trial court’s evidentiary rulings with respect to a key witness and purportedly improper vouching by the government. Defendant also appealed his sentencing, claiming error in the application of an enhancement for violating securities laws and the loss calculation. The First Circuit affirmed the convictions but remanded for resentencing, holding (1) none of Defendant’s evidentiary challenges had any merit, nor did any of his related due process claims; (2) Defendant waived his argument that the government improperly vouched for its case and its witnesses; (3) the district court did not err in applying the enhancement for violating securities laws; and (4) where the government confessed error as to the loss calculation, and the error was not harmless, a remand was required.
The court issued a subsequent related opinion or order on June 3, 2015.
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