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U.S. v. HIGHGATE

No. 06-1447.

521 F.3d 590 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Charles HIGHGATE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 7, 2008.

Attorney(s) appearing for the Case

ARGUED: Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellant. Kevin M. Mulcahy, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellant. Kevin M. Mulcahy, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: MERRITT, GILMAN, and COOK, Circuit Judges.

OPINION

COOK, Circuit Judge.

A jury convicted Charles Highgate of drug- and firearm-possession charges, and the district court sentenced him to an aggregate prison term of 360 months. Highgate appeals his conviction, arguing that a defense witness who invoked his Fifth Amendment privilege was improperly dismissed because the court did not inquire into the witness's reasonable fear of prosecution. While we agree that the district court erred in accepting...

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