People of Puerto Rico v. Luis A. Torres Chaparro

922 F.2d 59, 1991 U.S. App. LEXIS 616, 1991 WL 3265

Opinion

PER CURIAM.

The district court supportably found, after adequate notice to the parties, that defendant, a federal officer, was absolutely immune from criminal prosecution because the traffic offenses in question occurred in the course, and as a necessary part, of his ongoing federal duties. People of Puerto Rico v. Torres Chaparro, 738 F.Supp. 620 (D.P.R.1990). We need go no further. The court’s preliminary determination that a colorable federal defense existed was the basis for removal, 28 U.S.C. § 1442(a)(1), but plainly not the basis for the court’s ultimate order.

Affirmed.