Deshy forgot to include a minor detail:
Conviction reversed on appeal
On December 21, Tobin's lawyers filed documents in U.S. District Court in Concord, N.H. seeking to vacate the jury's verdict and demanding a new trial for Tobin. A month later, a more detailed filing laid out three possible errors:
McGee and Raymond went ahead with the plan after talking with Tobin, not before, suggesting it was their decision alone.
Tobin cannot be shown to have assented to the element of the plan that called for repeated hangup calls.
There was no evidence of an agreement to proceed before McGee consulted the NHGOP chair and Raymond sought an attorney's advice.
All the trial evidence showed was that Tobin referred McGee to Raymond.
On March 20, 2007, Chief Judge Michael Boudin of the 1st U.S. Circuit Court of Appeals in Boston ruled that the statute under which Tobin was convicted "is not a close fit" for what Tobin did, and questioned whether the government showed that Tobin intended to harass.
http://en.wikipedia.org/wiki/2002_New_Hampshire_Senate_election_phone_jamming_scandal#Conviction_reversed_on_appeal