United States v. Ralph Affinito

CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiff-Appellant United States of America appeals the district court’s order granting Defendant-Appellee Ralph Affini-to’s motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29. The jury had returned guilty verdicts against appellee on five counts of mail fraud under 18 U.S.C. § 1341. Subsequently, but prior to sentencing, the Supreme Court handed down its decision in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). Ap-pellee renewed his prior motion for acquittal, arguing that the government’s…