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U.S. v. LEMOURE

Nos. 05-1377, 05-1440.

474 F.3d 37 (2007)

UNITED STATES of America, Appellee, v. Joseph A. LeMOURE, Defendant, Appellant. United States of America, Appellee, v. Joseph F. Polito, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 29, 2007.

Attorney(s) appearing for the Case

James H. Budreau with whom Gerald Phelps was on brief for appellant Joseph A. LeMoure.

Robert A. George and Robert A. George & Associates, P.C. on brief for appellant Joseph F. Polito.

Nathaniel S. Pollock, Civil Rights Division, Department of Justice, with whom Jessica Dunsay Silver, Civil Rights Division, Department of Justice, Wan J. Kim, Assistant Attorney General, Michael J. Sullivan, United States Attorney, and S. Theodore Merritt, Assistant United States Attorney, were on consolidated brief for appellee.

Before BOUDIN, Chief Judge, SELYA and LYNCH, Circuit Judges.

BOUDIN, Chief Judge.

Before us are appeals by two Boston police officers, Joseph LeMoure and Joseph Polito, from convictions for a set of related crimes based on attempts to derail investigations into LeMoure's beating of a civilian. The background events are readily summarized, taking a balanced view of the facts consistent with record support.

Early on June 24, 2000, LeMoure pursued and pulled over a car driven by Stephen Duong and accused a passenger &...

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