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United States First Circuit


U.S. v. Bevilacqua, 05-2390

In a case for perjury and contempt where a special prosecutor was appointed, the court cannot require a convicted defendant to pay for the costs of the investigation where there was no statutory authority for the court to assess those costs, but the court can impose a fine upon remand.

Appellate Information

  • Decided 05/18/2006
  • Published 05/18/2006

Judges

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

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Thomas A. Tarro, III and The Law Firm of Thomas A. Tarro, III, Esq., on brief, for appellant.

  • For Appellees:
  • Donald C. Lockhart, Assistant United States Attorney, Robert Clark Corrente, United States Attorney, and Kenneth P. Madden, Assistant United States Attorney, on brief, for appellee.
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