992897P.pdf   11/08/2002  United States  v.  Chevie Kehoe
   U.S. Court of Appeals Case No:  99-2897
   Eastern District of Arkansas   
   Criminal case - criminal law. Evidence was sufficient to support 
   RICO conviction, as the government proved the existence of an 
   enterprise and that defendant conspired to commit a substantive RICO 
   offense and committed murder to further the enterprise; indictment for 
   both substantive RICO offense and conspiring to engage in a RICO 
   substantive offense does not violate the Double Jeopardy Clause; 
   conviction for murder in aid of racketeering in violation of 
   18 U.S.C. Sec. 1959 did not violate the Tenth Amendment; 
   alleged inconsistency between guilt phase and penalty phase findings 
   did not invalidate guilt finding; U.S. Attorney who had worked in 
   Kehoe's appointed counsel's case during the time frame of pre-trial 
   proceedings was walled off from this case, and her presence in the 
   U.S. Attorney's office did not require the office's disqualification; 
   court did not err in refusing to sever this trial from that of the 
   co-defendant; court did not err in refusing to grant 
   immunity to co-defendant; evidence was sufficiently corroborated; 
   court did not err in refusing to order psychiatric exam for a government 
   witness; court did not err in admitting expert testimony regarding 
   handwriting analysis; challenge to jury instructions rejected; while 
   prosecutor's comments concerning witness's testimony might have 
   been improper vouching, they did not rise to the level of plain error.