United States v. Raymond F. Lane
Opinion
Opinion
Kilkenny, J.
Appellant Lane appeals from his conviction on one count of obstructing justice in violation of 18 U.S.C. § 1503 . We affirm.
FACTS
In 1979, appellant, then Secretary-Treasurer of Local 28 of the Hotel and Restaurant Employees Union, was convicted of embezzling funds from the Union. He was placed on probation. While on probation, he and others, including Gary Gilbert, initiated false charges of embezzlement and misconduct against the Union’s new Secretary-Treasurer. During its investigation of these charges, the Department of Labor interviewed Gilbert who acknowledged that the charges were false.
Probation revocation proceedings were brought against appellant as a result of these false charges. Gilbert, unknown to appellant, had agreed to fully cooperate with, and testify for, the Government. In exchange, he was granted immunity from prosecution. Appellant and Gilbert had several conversations prior to the probation revocation proceeding. These conversations, which were recorded by the Government, form the basis of the obstruction of justice charges.
ISSUES
1. Whether there was a violation of FRCrimP 25(a) sufficient to warrant reversal of appellant’s conviction.
2. Whether…