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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.