United States v. Kayne

TORRUELLA, Chief Judge.

Defendants-appellants Edward Kalp and Richard Kayne were charged with twenty-nine counts of mail fraud, in violation of 18 U.S.C. § 1341. After a six week trial, a jury convicted both defendants on fifteen counts and acquitted them on four; the judge granted a motion for acquittal on one; and the government dropped the remaining counts. The defendants were sentenced to 36-months imprisonment, and ordered to pay $339,466 in restitution. On appeal, Kayne and Kalp argue (1) that jeopardy had attached in a prior government proceeding; (2) that certain evidence was…