United States v. Patrick Cummiskey, United States of America v. Michael Clark

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Patrick Cummiskey and Michael Clark appeal from sentencing orders following their convictions for violations of the Victim and Witness Protection Act of 1982, 18 U.S.C. § 1513 (1982), and for conspiracy to violate the Act, 18 U.S.C. § 371 (1982). These appeals raise two principal issues for our consideration: whether the district

court improperly admitted comments on the defendants’ silence, in violation of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976); and whether the indictment properly charged offenses under sections 1513 and 371.