United States v. Silvia, 032020 FED1, 18-1412
|Opinion Judge:||BARRON, CIRCUIT JUDGE.|
|Party Name:||UNITED STATES OF AMERICA, Appellee, v. JOHN SILVIA, JR., a/k/a/ JOHN SILVIA, Defendant, Appellant.|
|Attorney:||Henry B. Brennan for appellant. Alexia R. De Vincentis, Assistant United States Attorney, with whom Andrew E. Lelling, United States Attorney, was on brief, for appellee.|
|Judge Panel:||Before Howard, Chief Judge, Lynch and Barron, Circuit Judges.|
|Case Date:||March 20, 2020|
|Court:||United States Courts of Appeals, Court of Appeals for the First Circuit|
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. George A. O'Toole, Jr., U.S. District Judge]
Henry B. Brennan for appellant.
Alexia R. De Vincentis, Assistant United States Attorney, with whom Andrew E. Lelling, United States Attorney, was on brief, for appellee.
Before Howard, Chief Judge, Lynch and Barron, Circuit Judges.
BARRON, CIRCUIT JUDGE.
John Silvia, Jr. appeals from the denial of his motion for a new trial, in which he sought to vacate the seventeen convictions that he received and that resulted from two separate trials, each of which were held in the District of Massachusetts before the same judge in, respectively, 2016 and 2017. We affirm.
We begin with the rather involved procedural history so that we may properly frame the issues before us. In March of 2014, the United States charged Silvia in an eighteen-count indictment. The indictment included nine counts of securities fraud in violation of 15 U.S.C. §§ 78j(b), 78ff(a), and 17 C.F.R. § 240.10b-5; four counts of wire fraud in violation of 18 U.S.C. § 1343; and five counts of mail fraud in violation of 18 U.S.C. § 1341.
Silvia moved, in March of 2015, to sever his trial on the nine securities fraud counts and two of the wire fraud counts from his trial on the other two wire fraud counts and the five mail fraud counts. The District Court granted the motion to sever in January of 2016. As a result, Silvia faced trial, initially, on the nine securities fraud counts and only two of the four wire fraud counts. Before his trial on those eleven counts began, however, the government dropped one of the nine counts of securities fraud. Thus, Silvia faced, in the first trial, eight securities fraud counts and two wire fraud counts.
The trial on those ten counts began soon thereafter, and, on February 11, 2016, a jury found Silvia guilty of each of the eight counts of securities fraud but not guilty of the two counts of wire fraud. Before a judgment of conviction had been entered on any of the eight securities fraud counts, however, Silvia filed, on February 24, 2016, a motion for the appointment of new counsel and a motion for a new trial. He based the motion for a new trial on a claim of ineffective assistance of trial counsel in violation of his right to counsel under the Sixth Amendment to the federal Constitution.
The District Court granted Silvia's motion for new counsel on March 15, 2016. But, on January 9, 2017, the District Court denied without prejudice Silvia's motion for a new trial.
In the interim, on July 19, 2016, a grand jury handed up a superseding indictment that set forth the counts...
To continue readingFREE SIGN UP