United States First Circuit

Convictions on multiple charges relating to attempts to impede an investigation into an incidence of police brutality are affirmed over defendants' arguments that: 1) the obstruction of justice counts did not include witness tampering; 2) the jury instructions regarding witness tampering were deficient; 3) certain of the counts were duplicative in violation of double jeopardy; 4) it was plain error for the judge to fail to give a cautionary instruction regarding a witness' testimony; and 5) the sentencing judge did not err in calculating a defendant's sentence.

Appellate Information

• Decided 01/29/2007
• Published 01/29/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, SELYA and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James H. Budreau with whom Gerald Phelps was on brief for appellant Joseph A. LeMoure., Robert A. George and Robert A. George & Associates, P.C. on brief for appellant Joseph F. Polito.


• For Appellees:
  
• Nathaniel S. Pollock, Civil Rights Division, Department of Justice, with whom Jessica Dunsay Silver, Civil Rights Division, Department of Justice, Wan J. Kim, Assistant Attorney General, Michael J. Sullivan, United States Attorney, and S. Theodore Merritt, Assistant United States Attorney, were on consolidated brief for appellee.