Legal Opinion

United States v. Otunyo

District Court, District of Columbia

Decided February 18, 2021No. Criminal No. 2018-0251Published

1Opinion of the Court

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Criminal Action No. 18-251 (BAH) KELVIN OTUNYO, Chief Judge Beryl A. Howell Defendant. MEMORANDUM OPINION Defendant Kelvin Otunyo seeks a so-called “Kastigar hearing,” at which the government must prove, pursuant to Kastigar v. United States,

406 U.S. 441

(1972), that “the evidence it proposes to use” against defendant “is derived from a legitimate source wholly independent,”

id. at 460, of defendant’s statements during debriefing sessions. Def.’s Mot. for Kastigar Hr’g (“Def.’s Mot.”), ECF No. 60. As a remedy,…

2Cases cited12 opinions

  1. Kastigar v. United StatesSupreme Court of the United States · 1972
  2. United States v. HubbellSupreme Court of the United States · 2000
  3. Michael Anthony v. Steven Cambra, Jr., WardenCourt of Appeals for the Ninth Circuit · 2000
  4. United States v. SmithCourt of Appeals for the Fourth Circuit · 2006
  5. United States v. DuddenCourt of Appeals for the Ninth Circuit · 1995

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