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United States v. Dunton, 94-2223 (1995)

Court: Court of Appeals for the First Circuit Number: 94-2223 Visitors: 8
Filed: May 17, 1995
Latest Update: Mar. 02, 2020
Summary: May 17, 1995 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-2223 UNITED STATES, Appellee, v. RICHARD G. DUNTON, JR., Defendant, Appellant. Greenan's counsel stated that Greenan would invoke her Fifth Amendment right against self-incrimination.
USCA1 Opinion









May 17, 1995
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 94-2223

UNITED STATES,

Appellee,

v.

RICHARD G. DUNTON, JR.,

Defendant, Appellant.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE


[Hon. Joseph A. DiClerico, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Selya and Lynch, Circuit Judges. ______________

____________________

David H. Bownes on brief for appellant. _______________
Paul M. Gagnon, United States Attorney, and Jean B. Weld, ________________ ______________
Assistant United States Attorney, on brief for appellee.


____________________

____________________




















Per Curiam. We have reviewed the parties' briefs and __________

the record on appeal. We affirm the denial of appellant's

motion to withdraw his guilty plea, essentially for the

reasons stated in the district court's order of August 22,

1994.

We add only the following. There was no error in the

district court's declining to receive the testimony of

appellant's co-defendant, Robin Greenan, at the hearing on

the motion to withdraw the guilty plea. Greenan's counsel

stated that Greenan would invoke her Fifth Amendment right

against self-incrimination. Greenan, herself, signed an

affidavit stating her intention to invoke that right. The

information that Greenan allegedly could offer to bolster

appellant's claim of innocence had already been provided

through the testimony of appellant's former counsel. In

these circumstances, the district court did not abuse its

discretion in deciding not to put Ms. Greenan on the stand

for the purpose of invoking her Fifth Amendment right and in

concluding that the proffered information would be

cumulative.

The joint motion to submit this appeal on briefs without

oral argument is granted.

The judgment of the district court is affirmed. Loc. R. _________

27.1.












Source:  CourtListener

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