38 F.3d 467 (9th Cir. 1994), 93-10741, United States v. Kahlon

Docket Nº:93-10741.
Citation:38 F.3d 467
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Balwinder KAHLON, Defendant-Appellant.
Case Date:September 21, 1994
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

Page 467

38 F.3d 467 (9th Cir. 1994)

UNITED STATES of America, Plaintiff-Appellee,

v.

Balwinder KAHLON, Defendant-Appellant.

No. 93-10741.

United States Court of Appeals, Ninth Circuit

September 21, 1994

Submitted Sept. 12, 1994[*]

Decided Oct. 20, 1994.

Page 468

Anthony P. Capozzi, Law Offices Anthony P. Capozzi, Fresno, CA, for defendant-appellant.

Mark E. Cullers, Asst. U.S. Atty., Fresno, CA, for plaintiff-appellee.

Appeal from the United States District Court for the District of Arizona.

Before: FARRIS and BEEZER, Circuit Judges, and McLAUGHLIN, [**] District Judge.

ORDER

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

OPINION

FARRIS, Circuit Judge.

Balwinder Kahlon appeals his jury conviction and sentence for conspiracy and bribery of a public official in violation of 18 U.S.C. Secs. 371 & 201(b)(1)(A). He contends that the district court lacked jurisdiction because the

Page 469

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. Secs. 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 level upward two levels based upon its finding that more than one act of bribery occurred. Kahlon's base offense level was further adjusted upward five levels based upon a finding that the total monetary amount of the bribes was $52,000. The Presentence Report calculated Kahlon's guideline range to be 24 to 30 months.

Kahlon was sentenced on November 23, 1993. The district court found that

In this case, the court is convinced from the evidence that all of the defendants were tied to the same conspiracy; hence, all of...

To continue reading

FREE SIGN UP