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U.S. v. HERRE

No. 89-509-CR.

731 F.Supp. 1051 (1990)

UNITED STATES of America, v. Mark HERRE.

United States District Court, S.D. Florida.

January 25, 1990.

Attorney(s) appearing for the Case

Patricia Fahlbusch, Asst. U.S. Atty., for the U.S.

Jeffrey Swartz, Jay Hershoff, Miami, Fla., for defendant.

MEMORANDUM ORDER

SCOTT, District Judge.

This cause is before the Court for sentencing of the Defendant Mark Herre. The Defendant was convicted of one count of criminal contempt pursuant to 18 U.S.C. section 401(3) for his failure to testify before the grand jury as ordered by a United States District Judge. The Government had offered Herre use immunity for his testimony. The theory of defense at trial was that Herre's refusal to testify was based on his...

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