United States v. Balwinder Kahlon

ORDER

The memorandum disposition filed September 21, 1994, is redesignated as an authored opinion by Judge Farris.

OPINION

Balwinder Kahlon appeals his jury conviction and sentence for conspiracy and bribery of a public official in violation of 18 U.S.C. §§ 371 & 201(b)(1)(A). He contends that the district court lacked jurisdiction because the grand jury did not return his indictment in open court. He also contends that the district court erroneously ruled that Kahlon committed more than one act of bribery. We affirm.

BACKGROUND

On March 26, 1992, a federal grand jury indicted Kahlon with one count of conspiracy and three counts of bribery of a public official in violation of 18 U.S.C. §§ 371 & 201(b)(1)(A). The grand jury did not return their indictment in open court. Instead, the government emptied the courtroom of all spectators, lawyers,. witnesses, and anyone else not associated with the grand jury. The only people remaining were the judge, grand jury members, United States Attorney, and other court personnel. Nearly a year later a jury convicted Kahlon on all counts.

The Presentence Report set Kahlon’s base offense level at 10. The report adjusted the base offense…