United States v. Kenrick

OPINION EN BANC

LIPEZ, Circuit Judge.

Albert Kenrick and Derek Ober appeal from judgments of conviction entered after a jury trial in the United States District Court for the District of Massachusetts. The jury found Kenrick guilty of one count of bank fraud and Ober guilty of four counts of bank fraud and one count of perjury. They argue, for the first time on appeal, that the district court erred in instructing the jury on the intent required for a bank- fraud conviction. Although the panel that originally heard this case agreed with the defendants, it held that there was no plain error…