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United States v. Zsofka, 95-1289 (1995)

Court: Court of Appeals for the First Circuit Number: 95-1289 Visitors: 7
Filed: Oct. 03, 1995
Latest Update: Mar. 02, 2020
Summary: Circuit Judges.fraudulent scheme.stated by the district court.other defendants support Zsofka's request for a new trial.the first time on appeal.
USCA1 Opinion












October 3, 1995 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


____________________


No. 95-1289

UNITED STATES,

Appellee,

v.

MATTHEW J. ZSOFKA,

Defendant, Appellant.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE


[Hon. Joseph A. DiClerico, U.S. District Judge] ___________________

____________________

Before

Cyr, Boudin and Lynch,
Circuit Judges. ______________

____________________

Matthew J. Zsofka on brief pro se. _________________
Paul M. Gagnon, United States Attorney, Paul J. Andrews, Trial _______________ _______________
Attorney, U.S. Department of Justice, New England Bank Fraud Task
Force, and Deborah M. Smith, Director, New England Bank Fraud Task _________________
Force, on brief for appellee.


____________________










____________________





Per Curiam. The defendant, Matthew J. Zsofka, was ___________

convicted of bank fraud, false statements, and conspiracy in

an alleged scheme to obtain mortgages from a federally

insured bank by falsely representing that the borrowers had

made 20 per cent cash payments. 18 U.S.C. 371, 1014,

1344. Zsofka chose not to appeal, although we affirmed on

the appeal of a co-conspirator in United States v. LaCroix, ______________ _______

28 F.3d 223, 225 (1st Cir. 1994), which describes the

fraudulent scheme.

LaCroix, Zsofka, and another co-conspirator filed

motions for a new trial, asserting the existence of newly

discovered evidence and the withholding of exculpatory

evidence by the government. In the order now appealed from

by Zsofka, the district judge denied the requests for a new

trial in a thorough and well-reasoned 16-page decision. We

affirm on Zsofka's appeal substantially for the reasons

stated by the district court.

We decline to consider Zsofka's argument, made for the

first time on appeal, that transcripts from the trials of

other defendants support Zsofka's request for a new trial.

Issues not argued in the district court cannot be raised for

the first time on appeal. United States v. Mariano, 963 F.2d _____________ _______

1150, 1158 n.9 (1st Cir. 1993). Since this argument will not

be considered, we dismiss as moot Zsofka's request that we

take judicial notice of the transcripts of the other trials.

Affirmed. _________








Source:  CourtListener

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