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United States v. Hamel, 94-1052 (1994)

Court: Court of Appeals for the First Circuit Number: 94-1052 Visitors: 4
Filed: Oct. 07, 1994
Latest Update: Mar. 02, 2020
Summary: [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ Nos. 94-1052 94-1322 UNITED STATES, Appellee, v. LEO HAMEL, Defendant, Appellant. United States v. Sep lveda, 15 _____________ _________ F.3d 1161, 1173 (1st Cir. ____ ______ 2714 (1994).
USCA1 Opinion












[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

Nos. 94-1052
94-1322

UNITED STATES,

Appellee,

v.

LEO HAMEL,

Defendant, Appellant.
____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Joseph L. Tauro, U.S. District Judge]
___________________

____________________

Before

Torruella, Chief Judge,
___________
Boudin, Circuit Judge, and
_____________
Barbadoro,* District Judge.
______________

____________________

Michael C. Bourbeau, Esq. with whom Bourbeau and Bourbeau was on
_________________________ _____________________
brief for appellant.
Donald K. Stern, United States Attorney, with whom Nadine
_________________ ______
Pellegrini, Assistant United States Attorney, was on brief for
__________
appellee.
____________________
October 6, 1994
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____________________

*Of the District of New Hampshire, sitting by designation.














Per Curiam. After jury trial in the district court,
Per Curiam
__________

defendant Leo Hamel was convicted of violation of 18 U.S.C. 371 of

conspiracy to commit bank fraud and conspiracy to make false

statements for the purpose of influencing the actions of Dime Savings

Bank, a federally insured bank. He now appeals his conviction.

Defendant originally appealed on two grounds. In his

brief, he first argued that the government failed to prove as a matter

of law that Hamel knowingly made a false statement with intent to

influence a federally insured financial institution. As defendant's

counsel correctly conceded during oral argument, however, defendant's

argument on this point is precluded by this Court's recent decision in

United States v. Brandon, 17 F.3d 409, 426 (1st Cir. 1994) ("It has
_____________ _______

been established that the government does not have to show the alleged

scheme was directed solely toward a particular institution; it is
______

sufficient to show that defendant knowingly executed a fraudulent

scheme that exposed a federally insured bank to risk of loss.").

This concession leaves us with defendant's remaining

argument on appeal, that there was insufficient evidence as a matter

of law to convict him of conspiracy under 371. We have stated that

in assessing a sufficiency challenge, we examine the evidence "in the

light most flattering to the prosecution (in the process of drawing

all reasonable inferences in its favor) so that we may ascertain

whether the proof would have allowed a rational jury to determine

beyond a reasonable doubt that the defendant was guilty of the crime

charged." United States v. Ortiz, 966 F.2d 707, 711 (1st Cir. 1992),
_____________ _____

cert. denied, __ U.S. __, 113 S. Ct. 1005 (1993). There are no
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specific requirements of proof of a conspiratorial agreement; we have

held that the agreement may be express or tacit, and may be proved by

direct or circumstantial evidence. United States v. Sep lveda, 15
_____________ _________

F.3d 1161, 1173 (1st Cir. 1993), cert. denied, __ U.S. __, 114 S. Ct.
____ ______

2714 (1994).

Applying these standards for review of defendant's

conspiracy conviction, we easily find that there was sufficient

evidence to support a jury finding beyond a reasonable doubt of an

agreement to defraud Dime Savings Bank and to present false statements

to Dime. For these reasons, we reject defendant's challenge and

affirm his conviction.

Affirmed.
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Source:  CourtListener

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