United States v. Tobin

480 F.3d 53 (1st Cir. 2007)

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Nature of the Case

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Facts

Tobin (D) was a Regional Director of the Republican National Committee. D was approached by Charles McGee, regarding a plan by McGee to disrupt the operations of the New Hampshire Democratic Party on election day. D provided the name of Allen Raymond, who owned a business that coordinated and designed telephone services for candidates and campaigns. D made a telephone call to Raymond to alert Raymond to expect McGee's call. McGee and Raymond agreed upon the means of disruption by inundating specified numbers with hang-up calls. Raymond was told to check with legal counsel and said he did. Just as the polls were opening John Dowd, ordered the operation called off. McGee then attempted to contact Raymond. For 85 minutes, the phones at the targeted numbers rang almost continuously. D was indicted for conspiracy and aiding and abetting. Both McGee and Raymond were sentenced and testified at D's trial. D moved for judgment of acquittal. The jury acquitted D on the first count and found D guilty of conspiracy to violate and of aiding and abetting a violation of section 223(a)(1)(D). D appealed.