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United States of America v. Robert L. Newell and James J. Parisi, Jr.

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Before Torruella, Ripple, *fn1 and Lipez, Circuit Judges.

This case stems from extensive financial mismanagement at the Passamaquoddy Tribe Indian Township Reservation (the “Tribe”) in Down East Maine. Defendants Robert Newell, the former governor of the Tribe, and James Parisi, Jr., the Tribe’s former finance director, were convicted for conspiracy to defraud the United States under 18 U.S.C. § 371, as well as violations of 18 U.S.C. §§ 287, 666 and 669, involving the misuse of federal grant and tribal monies. On appeal, Newell and Parisi raise a host of issues related to the federal court’s jurisdiction over “internal tribal matters,” the sufficiency of the evidence, the lower court’s jury instructions, sentencing, and the restitution order entered against them. For the reasons explained below, we vacate Parisi’s conviction on count five and remand for clarification of certain issues related to the restitution order, but otherwise affirm.

I.

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