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United States v. DeSalvo

26 F.3d 1216 (1994)

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United States v. DeSalvo

United States Court of Appeals for the Second Circuit

26 F.3d 1216 (1994)

Facts

DeSalvo (defendant) was a lawyer with a firm that bribed witnesses and manufactured evidence. DeSalvo was granted transactional immunity and testified before the state grand jury investigating the law firm’s conduct. He testified about his background, employment, and participation in one of the law firm’s cases. DeSalvo was then subpoenaed to appear before a federal grand jury investigating the law firm’s activities. DeSalvo testified three times and repeatedly denied being involved in the law firm’s crimes. When called to testify at the federal trial of the law firm’s former partners, DeSalvo declined to testify based on his Fifth Amendment privilege against self-incrimination. The district court entered an order granting DeSalvo immunity. DeSalvo’s testimony at trial was essentially identical to his federal grand jury testimony. DeSalvo was charged with perjury and obstruction of justice in connection with his grand jury and trial testimonies. DeSalvo was convicted after trial and appealed, arguing that the government (plaintiff) violated the federal immunity statute and the Fifth Amendment by using his state and federal immunized testimonies to indict and convict him.

Rule of Law

Issue

Holding and Reasoning (McLaughlin, J.)

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