United States First Circuit

Conviction for extortion under color of official right is affirmed where a witness' invocation of the Fifth Amendment on a collateral issue of the witness' prior conduct was properly accepted by the judge, and the testimony excluded, since such matters fall within the sound discretion of the trial court. Remaining issues were procedurally defaulted. Sentence is vacated and remanded for re-sentencing where the judge did not calculate the applicable guidelines sentence before issuing the judgment.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• SELYA, Circuit Judge., Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ignacio Fernández de Lahongrais, with whom Edgar Vega Pabon was on brief, for appellant.


• For Appellees:
  
• Kathleen A. Felton, United States Dep't of Justice, with whom H.S. Garcia, United States Attorney, Guillermo Gil and Maritza Gonzalez De Miranda, Assistant United States Attorneys, were on brief, for appellee.