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123320P.pdf 07/02/2013 United States v. David Musk
U.S. Court of Appeals Case No: 12-3320
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Benton, Author, with Colloton and Gruender, Circuit Judges]
Criminal case - Criminal case. The district court's decision as to whether
a witness has a valid claim for exercising the Fifth Amendment privilege
is highly fact-intensive and is reviewed for an abuse of discretion; here,
defendant made a knowing waiver of the Fifth Amendment and the objected-to
cross-examination was within the scope of his testimony on direct and
re-direct; claim that the district court improperly compelled defendant's
testimony by threatening him with economic sanctions (the costs of a
mistrial) rejected.