People of Puerto Rico v. Luis A. Torres Chaparro

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

• Court: Court of Appeals for the First Circuit
• Decided: January 17, 1991
• Docket: 90-1722
• Status: Published

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.