United States First Circuit

Where resumed grand jury proceedings led to the inclusion in the indictment of material that both added new RICO predicate acts and increased the potential maximum penalty, there can be no showing of abuse of the grand jury process.

Appellate Information

• Decided 03/30/2001
• Published 03/30/2001

Judges

• SELYA, Circuit Judge., Before SELYA, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Elizabeth D. Collery, Attorney, United States Dep't of Justice, with whom Donald K. Stern, United States Attorney, Fred M. Wyshak, Jr., Brian T. Kelly, and James D. Herbert, Assistant United States Attorneys, were on brief, for appellant.


• For Appellees:
  
• Kimberly Homan, with whom Sheketoff & Homan, Kenneth J. Fishman, and Fishman, Ankner & Horstmann were on brief, for appellee.