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U.S. v. Cusatis

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


May 30, 1991

UNITED STATES OF AMERICA
v.
MAURICE CUSATIS, APPELLANT

Appeal from the United States District Court for the Middle District of Pennsylvania; (D.C. Criminal No. 89-00166-01); District Judge: Hon. Edwin M. Kosik.

Mansmann and Nygaard, Circuit Judges, and Roney, Circuit Judge.*fn*

JUDGMENT ORDER

After considering the contentions raised by appellant, to-wit:

1) Whether the trial court erred in determining that the government had met its burden of proving that the prosecution in this case was not tainted by exposure to or use of immunized statements of the defendant;

2) Whether the defendant's initial refusal to answer questions and his subsequent agreement to talk "off the record" coupled with police attempts to discourage him from contacting a lawyer, rendered ineffective his waiver of constitutional rights; and

3) Whether this federal prosecution violates the constitutional prohibition against double jeopardy; it is

ADJUDGED and ORDERED that the judgment of the district court be and is hereby AFFIRMED.


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