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USCA1 Opinion

UNITED STATES COURT OF APPEALS


FOR THE FIRST CIRCUIT
____________________

No. 94-1645

UNITED STATES OF AMERICA,

Appellee,

v.

TALAL H. ALZANKI,

Defendant, Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Rya W. Zobel, U.S. District Judge]


___________________

____________________

Before

Selya, Cyr and Stahl,

Circuit Judges.
______________

____________________

Michael A. Collora, with whom David A. Bunis


__________________
______________

and Dwyer & Coll


____________

were on brief for appellant.


S. Theodore Merritt, Assistant
___________________

United States Attorney, with w

Deval L. Patrick, Assistant Attorney General, Donald K. Stern, Uni


________________
________________
States

Attorney, and

Steven M. Dettelbach,
_____________________

Trial Attorney,

States Department of Justice, were on brief for appellee.

Uni

____________________

June 1, 1995
____________________

CYR, Circuit Judge.


CYR, Circuit Judge
_____________

Defendant Talal H. Alzanki appeals

from

a district

under 18 U.S.C.

court

judgment convicting

and sentencing

him

371 and 1584, for holding a household employee

in involuntary servitude.

We affirm.

I
I

BACKGROUND1
BACKGROUND
__________

At

("Gedara"),

the end of the Gulf War, Vasantha Katudeniye Gedara

a native

Talal Alzanki's family

their

from

of Sri

warning

The

their residence,

her that

she would

abuse by the Kuwaiti

employed by

appellant

for a brief time as a domestic servant in

Kuwaiti residence.

leaving

Lanka, was

Alzanki family

by

retaining

be subject

prevented Gedara

her passport

to arrest

and

and physical

police should she venture outside.

Gedara

was informed that she soon would

work

for appellant

monthly

salary of

Talal

be sent to the United States to

Alzanki and

$250, which

his

was reduced

wife, Abair,

to $120

at

before she

departed Kuwait.

Immediately upon her

in Quincy,

arrival at appellant's

Massachusetts, on August 28,

was confiscated by

leave the apartment

1992, Gedara's passport

appellant, who told her

alone.

She was

apartment

that she was

not permitted

not to

to use

the

____________________

1The
verdicts.
Cir. 1992).

facts are related in


See United States v.
___ _____________

the light most

favorable to the

Tejeda, 974 F.2d 210,


______

212 (1st

telephone or the mails,

kis, nor

speak with anyone other than

the Alzan-

even to venture onto the balcony or look out the apart-

ment windows.

Appellant told Gedara that the American police, as

well

neighbors,

as

the

would shoot

undocumented

aliens

who

ventured out alone.

During the

four months she remained

Gedara was assaulted twice.

in the apartment,

On one occasion, when

Gedara asked

that the

volume be turned down

trying to sleep,

the

wall.

on the television while

appellant grabbed and threw

she was

her bodily against

On another occasion, Abair Alzanki slapped Gedara and

spat in her face when she failed to turn off a monitor.

The

compelling

tasks.

Alzankis deliberately

her to work fifteen

She was

basis with

Gedara's health

by

at hard, repetitive

the apartment

on a constant

caustic and noxious chemicals, without the benefit of

and her requests for

rubber gloves were

Later, after the noxious fumes caused Gedara to faint,

fall, and injure

ment.

hours a day

required to clean

respiratory protection,

refused.

risked

her ribs, the Alzankis

They also refused to

withheld medical treat-

let Gedara have dental treatment for

an abscessed tooth.

Finally,

though affluent,

the Alzankis

denied Gedara

adequate food, which resulted

ment, including

enlarged abdomen, massive hair

tion of menstrual cycles.

coats to wear

in serious symptoms of malnourish-

loss, and cessa-

She was provided with only two house-

and allowed to

sleep and sit

3
3

only on the

floor.

Once, after Gedara accidentally

broke a humidifier, the Alzankis

threatened to withhold all her wages.

In addition

ment,

to the physical abuse

Gedara was threatened

on almost a

deportation, death or serious harm should she

kis' orders.

deport

On

her to Kuwait, and not allow

The climate

Abair, and by

again

On

newborn child

were to die while appellant was

of fear was enhanced by Gedara's

learning from Abair

shortly thereafter.

to

her to return to Sri Lanka.

witnessing one incident involving Talal Alzanki's

of

with

disobey the Alzan-

kill her if the Alzankis'

suffering from spina bifida

in New York.

daily basis

numerous occasions, the Alzankis threatened

Appellant threatened to

away

and inhumane treat-

that he had

another occasion,

physical abuse

struck Abair

Abair Alzanki

threatened to sew up Gedara's mouth with a needle and thread, and

throw her into the ocean.

On

nurses

December 17,

who came to the apartment

child, Gedara fled the

local police.

Gedara

1992, after

confiding her

plight to

to care for the Alzankis' sick

apartment and reported her ordeal

Appellant

later

complained to

to the

the police

that

should be returned, because she "belonged to him" and "he

had a contract for her."

A federal

charging

the

grand jury returned a

Alzankis with

conspiring

two-count indictment,

to

hold, and

holding,

Gedara in involuntary servitude, in violation of 18 U.S.C.

and 1584.

Gedara

At trial, the Alzankis testified

testified for the prosecution.

4
4

371

in their own behalf;

Due to a medical emergen-

cy,

a mistrial was

cross-examination.

her

declared as to

The government nonetheless agreed

direct testimony to remain

guilty verdicts

against

district

sentenced him

court

represented a

Abair Alzanki, prior

Talal

in evidence.

Alzanki on

to one

year

downward departure from the

to her

to permit

The jury returned

both

counts.

and one

The

day, which

18-to-24 month guide-

line sentencing range, and to a modest restitutionary sentence.

II
II

DISCUSSION
DISCUSSION
__________

Appellant

challenges

sufficiency of the evidence

evidentiary rulings;

certain

jury instructions;

the

supporting both convictions; various

the government's closing argument;

and the

$13,403.00 restitutionary sentence imposed by the district court.

A.
A.

The Scope of the Involuntary Servitude Statute


The Scope of the Involuntary Servitude Statute
______________________________________________

Section 1584 proscribes involuntary servitude.2

not

to be

problems.

("Congress'

read

so narrowly

United States
_____________

use

enacted pursuant

of the

as

to pose

Thirteenth

v. Kozminski, 487 U.S. 931,


_________

constitutional

language

to its constitutional authority

It

is

Amendment

945 (1988)

in a

statute

to enforce the

____________________

2At the time of the offense, the statute provided:

Whoever

knowingly

and

willfully

involuntary servitude or sells into


dition

of

person

for

involuntary servitude,
any term,

United States

or brings

any person

more than five years, or both.

1584 (1992).

5
5

to

any conany other


within the

so held, shall

fined not more than $5,000 or

18 U.S.C.

holds

be

imprisoned not

Thirteenth Amendment guarantee makes the conclusion that Congress

intended

the

logical,

if

phrase to

have the

not inevitable.

indications, we therefore give

construing 'involuntary

understanding of

time

655

of

F.2d

the

meaning in

absence of

both places

any contrary

effect to congressional intent by

servitude' in a way

consistent with the

the Thirteenth Amendment that

prevailed at the

1584's enactment."); see also United States v. Booker,


___ ____ _____________
______

F.2d 562, 564-65 (4th Cir. 1981); United States v. Shackney,


_____________
________

333 F.2d 475,

prove

In

same

481-86 (2d Cir.

physical restraint.

1276,

1278-79 (6th

1964).3

The government

need not

See, e.g., United States v. King, 840


___ ___
_____________
____

Cir.

1988)

(upholding cult

leaders'

convictions

for

despite absence

States
______

holding

occupants

of fencing

v. Warren, 772
______

in

or other physical

F.2d 827-33

to

escape), cert.
____

denied,
______

servitude,

barriers); United
______

(11th Cir.

involuntary servitude conviction even

nity

involuntary

1985) (upholding

though victim had opportu-

475 U.S.

1022

(1986); United
______

States v. Bibbs, 564 F.2d 1165, 1167 (5th Cir.) (recognizing that
______
_____

various forms

establish

of physical force
_____

requisite

coercion),

and/or threats of
_______

cert.
____

denied,
______

435

violence may

U.S.

1007

(1977).

____________________

3Most
years

peonage and

have involved

involuntary

servitude cases

migrant agricultural

workers.

in

recent

See, e.g.,
___ ____

Kozminski, 487 U.S.


_________

931 (dairy farm

Harris, 701 F.2d 1095,


______
workers), cert.
____

1098 (4th Cir. 1982) (migrant

denied, 463 U.S.


______

562 (migrant farm-labor camp);


1165,
denied,
______

1167

(5th

Cir.

435 U.S. 1007

workers); United States


_____________

v.

truck-farm

1214 (1983); Booker,


______

655 F.2d

United States v. Bibbs,


_____________
_____

564 F.2d

1977) (fruit

harvesting

(1978); Shackney, 333


________

crews),

cert.
____

F.2d 475 (chicken-

farm workers).

6
6

Absent

proof

of

physical

restraint,

finding

of

involuntary

servitude

government

establishes

herself

at

486.

is

not warranted,

that

the

worse."

unless

only

the

extricate

Shackney, 333 F.2d


________

Thus, compulsion is an essential element of involuntary

section 1584.

271, 281 (S.D.N.Y.

aff'd, 407 U.S.


_____

See Flood v. Kuhn,


___ _____
____

1970), aff'd,
_____

258 (1972).

or threatened

use of

the oppressed

443 F.2d 264

In sum,

under section 1584 obtains when

"special

victim could

by risking "imprisonment or

servitude under

causes

however,

1971),

compulsion

an individual, through an actual

coercion, intentionally

reasonably to

vulnerabilities," that

remain in involuntary

(2d Cir.

the requisite

physical or legal
__

person

316 F. Supp.

service for

she has

a time.

believe, given

no alternative

her

but to

See Kozminski,
___ _________

487

U.S. at 952-53; United States v. Mussry, 726 F.2d


______________
______

(9th

1448, 1451-52

Cir.), cert. denied, Singman v. United States, 469 U.S. 855


____ ______ _______
_____________

(1984).

requires

sustainable conviction under

sufficient evidence

that the defendant used

harm

or legal
__

the victim in
___ ______ __

physical
________

added).

Moreover,

succeeded in

Kozminski,
_________

487

U.S. at

those cases in which


_____ _____ __ _____

servitude by placing
_________ __ _______

restraint
_________

a finding,

or
__

in

inter alia,
_____ ____

or threatened physical restraint, bodily


__

coercion.

definition encompasses
__________ ___________

to enable

section 1584 therefore

injury or
______ __

assessing whether

("This
____

the defendant holds


___ _________ _____

the victim
___ ______

legal
_____

952

in fear of
__ ____ __

coercion.")
________

the

(emphasis

government

establishing the requisite compulsion,

such
____

has

the jury is

to consider

the victim's "special vulnerabilities,"

with a view

7
7

to

"whether the

physical or legal

could plausibly have

will]."

Id.4
__

coercion or

compelled the victim to

In other

precluded absent proof,

serve [against her

words, conviction under

inter alia, that


_____ ____

threats thereof

section 1584 is

the victim was

inten-

tionally

held in service against her will (i) by actual physical

restraint or physical force or (ii) by legal coercion or (iii) by

plausible threats of physical harm or legal coercion.

B.
B.

Jury Instructions
Jury Instructions
_________________

We review the challenged

backdrop of the entire

F.3d 1, 8

F.2d

charge, see United States v.


___ _____________

(1st Cir. 1994) (citing

924, 930

jury instructions against the

(1st Cir.

United States v. Serino,


_____________
______

1987)), cert.
____

inquiry on

Tutiven, 40
_______

denied, 115
______

whether the

835

S.Ct. 1391

(1995),

focusing our

instructions ade-

quately

explained the law or "'whether they tended to confuse or

mislead

the jury on the controlling issues.'"

Brown v. Trustees
_____
________

____________________

4The Kozminski
_________

Court elaborated on the

evidentiary role of

the victim's "special vulnerabilities":

[A]

child who is told he can go home late at

night in the dark

through a strange area may

be

subject to physical coercion that results

in

his staying,

although a

plainly would not be.


sible

that

deportation

Similarly, it is pos-

threatening an

institutionalization
could

competent adult

or

an

incompetent with
immigrant

constitute the

legal coercion that induces


vitude, even though such

with

threat of

involuntary ser-

a threat made to an

adult citizen of normal intelligence would be


too implausible to

produce involuntary

vitude.

487 U.S. at 948.

8
8

ser-

of Boston Univ.,
________________

891 F.2d

337, 353

(1st Cir.

1989) (citation

omitted), cert. denied, 496 U.S. 937 (1990).


____ ______

1.
1.

The Instruction on Involuntary Servitude


The Instruction on Involuntary Servitude
________________________________________

Appellant asserts three challenges to the jury instruc-

tion defining

First,

the substantive offense

he argues that the

of involuntary servitude.

court misled the

that psychological pressure alone

jury into believing

could establish the

requisite

element of compulsion, by defining "physical force" as encompass-

ing "the notion

of compulsion, coercion, power,

violence."

The

district court's instruction stated:

[T]he government has to prove that the defendant held Ms. Gedara in involuntary servitude
by

using or

threatening physical

force, or

using or threatening legal coercion.

Physical

force includes

restraint,
other way
cludes

restraint, physical

locking somebody
restraining

the person.

physically injuring

includes the notion of


power, violence.
_____

up, or

in some
It

in-

the person.

It

compulsion, coercion,

And the government

has to

prove that the defendant held or participated


in

holding

force,

Ms.

using

physical

use

physical

Appellant theorizes that

the jury

or by

Gedara

threatening

by
to

force.

(Emphasis

added.)

may have

misinterpreted the term "power," in light of the expert testimony

proffered by the government, see infra Section II.D.1, that "[a]n


___ _____

unequal

dominant

power relationship is where there is a subordinate and a

person.

person, and

It

is generally

defined

by

the authority

it is unequal because of that authority relationship

that exists between the two parties."

9
9

The argument is without merit.

tion,

viewed against

Tutiven,
_______

the

backdrop of

The challenged instruc-

the

entire charge,

see
___

40 F.3d at 8, left no doubt whatever that psychological

pressure alone would not satisfy the "force or threat" element of

the involuntary servitude offense.5

Second, appellant claims that the district court failed

to instruct the jury that

shown to

any fear engendered in Gedara

have been "reasonable."

structed the

jury to

But,

decide "whether

in fact, the

the service

must be

court in-

was involun-

tary[] [and] whether Ms. Gedara reasonably believed that she


__________ ________

had

no choice

The

except to remain in the service of the Alzankis."

district court's references to subjective considerations, such as

"whether [Gedara]

was personally

in fear

of physical or

other

means of coercion," occurred

the

types of evidence the


________

Gedara's belief
______

able.
____

in the course of its

jury could weigh

that she had

See also infra note 6.


___ ____ _____

discussion of

in deciding whether

no other choice

was reason___ _______

The trial judge assuredly did not

suggest that a mere finding that Gedara harbored fears

unreasonably

1584.

It

was enough

however

to establish compulsion under section

was entirely proper

to instruct the jury

to consider

____________________

5In
mistakably

the final

jury charge,

clear guidance

the

against

any

trial judge
such

provided un-

misunderstanding:

"But [Talal Alzanki] cannot be convicted if you find he used only


______ __ _________
psychological means to compel
her.

That's not enough.


______ ___ ______

her, if he played mind

The government does have

games with

to prove that

he used . . . or threatened physical or legal coercion."


Moreover,
"Now,

the

preliminary

jury

instructions

explained:

involuntary servitude . . . means a condition of servitude

in which

the victim is forced

to work for the

defendant by the

use
___

or threat of physical restraint or physical injury or by the


__ ______ __ ________ _________ __ ________ ______ __ __ ___

use or threat of coercion through law or legal process."


___ __ ______ __ ________ _______ ___ __ _____ _______

10
10

Gedara's background and experience in assessing whether her fears

were reasonable.6

The final instructional challenge relates

tified transcript

of the

jury charge

to an uncer-

containing a

clerical

error

made available

to the

jury during

The transcript

mistakenly stated:

to

[Alzanki] used, .

prove that

legal coercion."

its deliberations.

"The government does not have


___

. . or

threatened physical or

Thus, there can be no question

that the tran-

script misstated an essential element of the crime charged.

____________________

6Similarly,
invited the
and/or

appellant suggests

impression that

that

"extremely poor

special vulnerabilities of the

proxy for actual


coercion.

the jury

or threatened

instruction

working conditions

servant" might serve as a

use of physical

force or

legal

However, the trial judge correctly instructed the jury

that

[the charged offense, involuntary servitude,]


encompasses
holds

situations

another in

in which

servitude by

person in fear of such


____

one person
placing that

physical restraint or

injury or legal coercion.

It may be shown by

__ ___ __ _____ __
evidence of extremely poor working conditions
________
and/or

special

vulnerabilities of

the ser-

vant.
In addition, the jury

received proper instructions on the

roles

of "legal coercion" and "physical coercion":

[Legal coercion]

simply means the use of the

law, the legal process, or legal institutions


to compel

service.

The question

you will need to determine

is:

ernment prove beyond a reasonable


the

here that

Did the govdoubt that

defendant used or threatened physical or

legal coercion to compel Ms. Gedara's service


in the household?

Of course, the
tions.

jury is

presumed to have

Tutiven, 40 F.3d at
_______

followed the

7 (citing Yates v.
_____

391, 403-04 (1991)).

11
11

instruc-

Evatt, 500 U.S.


_____

The jury

time

it requested

had been deliberating for seven

the transcript

reviewing witness testimony.7


_________ _______ _________

sibility

script
______

that the jury even


____

containing the
__________ ___

assuming

the jury

for the
___ ___

hours by the

explicit purpose
________ _______

Thus, there is but a

consulted the portion


_________ ___ _______

typographical
_____________

consulted the

error.
_____

of
__

remote pos-

of the tran__ ___ _____

Furthermore, even

relevant portion of

the tran-

script, it is virtually inconceivable that it would have credited

this

lone typographical

statements,

and the

error over

five correct

four correctly

oral statements

transcribed

it had

been

given in

itself

tified."

the courtroom earlier, especially

alerted the jury with the imprint:

Cf. United States


__ _____________

since the transcript

"Rough Draft-Not Cer-

v. DeMasi, 40
______

F.3d 1306, 1317-1318

(1st Cir. 1994) ("Our review of the instructions reveals that the

district

court

standard

no less

instructions

referred

to

the 'beyond

than twelve

preceding the

times in the

isolated

reasonable

nine pages

section

challenged

doubt'

of jury

here.

This overwhelming number of correct references negated any chance

that the

somehow

contested statements were

reducing

denied, Bonasia
______ _______

the

government's

v. United States,
_____________

States v. Glenn, 828 F.2d 855,


______
_____

misconstrued by the

burden

of

115 S.Ct. 947

proof"),

jury as

cert.
____

(1995); United
______

861 (1st Cir. 1987) ("This

[cha-

llenged] phrase [in

the jury

instructions] .

. .

'may not

be

judged in artificial isolation, but must be viewed in the context

____________________

7Despite the government's recommendation that the transcript


be proofread, the defense
jury

suggested that it be submitted

to the

prior to proofreading or certification by the court report-

er.

12
12

of the

overall charge.'")

(quoting United States

v. DeVincent,

_____________

632 F.2d 147,

152 (1st

Cir.), cert. denied,


____ ______

the

the

_________

449 U.S. 986

(19-

judge correctly

and

80)).8

Given

repeatedly explained

courtroom, and

fact that

this

absent any indication

let alone credited, the

we find no prejudice.

975

(4th

Cir.

element to

1987)

and trial court gave

earlier in

that the jury

the

even noted,

Cf. United States v. Griley, 814 F.2d 967,


__ _____________
______

(where deliberating

instructions given

upheld on grounds that

the jury

isolated misstatement in the transcript,

recording of jury instructions

well as
____ __

trial

jury

received

tape

at defendant's criminal trial, as


__

in unrelated civil

case, conviction

appellant failed to demonstrate prejudice

proper curative instruction); United States


_____________

v. North, 746 F.2d 627,


_____

even though

a search warrant affidavit,

was sent to jury

bility

cert. denied, 470


____ ______

warrant]

could have

conviction

excluded from evidence,

room by mistake; finding "no

that [the

Jacobson v.
________

631-32 (9th Cir.) (affirming

reasonable possi-

affected the

verdict"),

U.S. 1058 (1984), overruled on other grounds,


___________________________

United States, 503


_____________

U.S. 540

(1992).

There

was no

reversible error.

2.
2.

The Conspiracy Instruction


The Conspiracy Instruction
__________________________

Appellant

instructed

claims that

the jury on

the district

an essential

court incorrectly

element of

the conspiracy

charge, by stating that he could be found guilty even if his only

____________________

8The "force

or threat"

element was described

the preliminary jury instructions as well.

correctly in

See supra note 5.


___ _____

13
13

alleged

coconspirator,

under duress.

Abair Alzanki,

Apparently

unclear on this point, the

requested further instructions:

second

person [the wife] .

involuntarily cooperated

jury later

"[I]s there a conspiracy

. . joined

if the

the agreement not volun-

tarily but in fear?"

The trial judge instructed:

The answer is yes.


do an

act that

If she agreed with him to

is unlawful, the

ment, an

agreement, is satisfied.

however,

then go on

Alzanki], the

You must,

and consider the second

element, and determine whether


Talal

first ele-

only

[the husband,

person who

is

defendant before you, joined into that agreement

knowingly and

willfully as I

have de-

fined it to you.

Appellant

correctly asserts

charge under 18 U.S.C.

each

possessed of

that a

viable conspiracy

371 requires at least

two conspirators,

the requisite

criminal intent.

United States v. Penagaricano-Soler, 911 F.2d 833,


_____________
__________________

1990).

pensable

He argues that his

second
______

participating.

willing

For the

wife could not have

party,

because he

See, e.g.,
___ ____

841 (1st Cir.

been the indis-

coerced

latter proposition, he

her

into

relies on cases

which hold

that a conspiracy charge will not lie if the putative

coconspirator

agent.

turned out

to

be an

undercover law

enforcement

See, e.g., United States v. Nason, 9 F.3d 155, 161


___ ___
_____________
_____

& n.2

(1st Cir. 1993), cert. denied, 114 S.Ct. 1331 (1994).


____ ______

As

the present claim is

raised for the

appeal, we review only for plain error.

United States v.
______________

denied, 484 U.S.


______

Griffin, 818
_______

844 (1987).

appellant to establish that

first time on

DeMasi, 40 F.3d at 1318;


______

F.2d 97,

The burden

100 (1st

Cir.), cert.
____

therefore rests

the error was "clear," in

14
14

with

the sense

that it was "obvious," that it affected "substantial rights," and

that failure to vacate the

conspiracy conviction would result in

"miscarriage of justice."

United States v.
_____________

Olano, 113 S.Ct.


_____

1770, 1776-79 (1993).

We note at the outset that a "generalized fear" of harm

would not have

afforded Abair
_____

conspiracy charge.

1175,

1182

Alzanki a viable

defense to

the

See, e.g., United States v. Stevens, 985 F.2d


___ ____ _____________
_______

(2d Cir.

1993)

(district

court properly

rejected

request to instruct

more,

would

contended

jury that generalized fear

compel

at trial

acquittal).

that

behavior in response

record intimates

Abair Alzanki

to duress.

a causal

Moreover,

of harm, without

neither

conformed

Indeed, nothing

link between Talal

defendant

her will

in the

or

trial

Alzanki's abusive

behavior and Abair's participation in the conspiracy.

Cf. Slater
__ ______

v. United States, 562 F.2d 58, 62 (1st Cir. 1976) (defendant con_____________

victed of Kickback Act

is

violation, an essential element

of which

the intimidation of others, was properly convicted as well of

conspiring with those


__________

whom he intimidated).

Thus, the district

court correctly advised the jury that the appropriate inquiry was

whether

Talal Alzanki "joined . . . that agreement knowingly and


_____

willfully."

As the evidence

plainly supported such

a finding,

there was no error, let alone plain error.

C.
C.

Sufficiency of the Evidence


Sufficiency of the Evidence
___________________________

Appellant next contends

ficient to

charge.

convict

We review

on the

that the

evidence was

substantive "involuntary

"the evidence in the light

15
15

insuf-

servitude"

most favorable to

the

fact

verdict, in order to

could

have found

determine whether a

guilt beyond

reasonable inferences are drawn

rational trier of

reasonable doubt.

in favor of the verdict

All

and any

credibility determination must be compatible with the judgment of

conviction."

Cir.

1994)

(1st Cir.

ample

United States v. Tuesta-Toro, 29 F.3d 771, 776 (1st


_____________
___________

(quoting United States


_____________

1992)), cert. denied, 115 S.Ct. 947 (1995).


____ ______

evidence to

reasonable

v. Tejeda, 974 F.2d 210, 212


______

doubt,

enable

each

a rational

jury

essential element

There was

to find,

of

the

beyond

substantive

offense.

Appellant argues

that the record discloses

isolated instances in which any physical force whatever

against Gedara.

These incidents, he

argues, did not

only a few

was used

approach,

either in frequency or severity, but see supra


___ ___ _____

p.3, the level of

physical abuse present in the typical involuntary servitude case.

Furthermore, he

says, conditions

in the Alzanki

apartment were

neither squalid nor jail-like; whereas in the typical involuntary

servitude case, the

victim is exposed to

severe physical abuse,

as well as confinement in extremely uncomfortable quarters.

e.g., Kozminski, 821 F.2d 1186,


____ _________

lodgings, without

a rubber hose and

retaliation for

food; numerous instances

kicking), aff'd, 487 U.S.


_____

States v. Harris, 701


______
______

with

1188-89 (6th Cir. 1987) (squalid

plumbing; rotten

slapping, choking,

See,
___

of

931 (1988); United


______

F.2d 1095, 1098 (4th Cir.

1982) (beatings

confinement to quarters

("the jail") in

attempted escape),

cert. denied, 463


____ ______

U.S. 1214

(1983); Booker, 655 F.2d at 565-66 (numerous retaliatory beatings


______

16
16

following

victims

escape attempts);

at gunpoint;

Bibbs,
_____

beating and

564 F.2d

at 1167

threatening to

(holding

kill any

who

attempted escape).

Gedara

testified that during

her four-month ordeal in

their apartment she was physically

two occasions and

was to

directed

contemporaneously informed that

keep her "in her place."

at Gedara

evidence revealed

asking him to

was by

no means

that appellant

Moreover,

their purpose

trifling in

degree.

punished Gedara

The

merely for

by throwing her bodily

she was kept in a serious

malnutrition, deprived of medical

on

The physical violence appellant

turn down the television

against the wall.

of

assaulted by the Alzankis

state of

care, and subjected to threats

deportation, physical harm and even death.

Given her experi-

ence as

a domestic servant in Kuwait, see supra p.2,9 and in the


___ _____

Alzanki

apartment in Quincy, the jury was entitled to infer that

Gedara reasonably believed these threats.

Appellant correctly asserts that the requisite "compul-

sion"

is not

alternative

established

to continued

in circumstances

service

is merely

where an

available

"exceedingly bad."

____________________

9Gedara

testified to

her understanding

of

Kuwaiti police

practices toward household servants:

Q.

Ms. Gedara, what

was your state of

mind regarding the

police in Kuwait?

A.

I heard if we go alone out in the street, they're going

to catch us and hit [us] and put into jail.

She

testified that

she believed

that the

American police

would treat her much the same way were she to venture outside the
Alzanki apartment.

17
17

See Kozminski, 487 U.S.


___ _________

486).

Instead,

the

at 938

(quoting Shackney, 333 F.2d


________

evidence must

establish

that the

at

victim

reasonably believed she was left with no alternative to continued

servitude that was not the equivalent of "imprisonment or worse."

Shackney, 333 F.2d at 486.


________

Sch. Dist., 987


___________

F.2d

See, e.g., Steirer v. Bethlehem Area


___ ____ _______
______________

989, 1000

(3d

Cir.) (community

requirement for high school graduation not

service

a form of involuntary

servitude, as student has choice of foregoing graduation) (citing

Shackney, 333 F.2d at 486), cert. denied, 114 S.Ct. 85 (1993).


________
____ ______

The evidence that Gedara herself was well aware of

the

severely restrictive conditions encountered by household servants

in

Kuwait would

Gedara

enable

the jury

rationally

threatened with deportation

to continued

involuntary

considered at least as

viewed in

light of

the reasonableness

by

the

that

to Kuwait and no prospect

of returning to Sri Lanka and her family

native

to conclude

confronted an alter-

service

which she

reasonably

severe as imprisonment, particularly when

her "special vulnerabilities."10

of her fear of

undisputed evidence

Moreover,

deportation was substantiated

that

she

would become

deportable

____________________

10Evidence of
support
American
alone.

for

other threats

the verdict.

police would

and warnings provided

These

shoot Gedara

included
if she

Though such a prospect might not have

further

warnings that
left

the

the apartment

seemed credible to

a competent adult American,

the "special vulnerabilities" of the

victim must be taken into consideration.


at
and

948, 956.

To a foreign

practices (for

Kuwaiti

worker familiar with Kuwaiti customs

example, at

trial there

soldiers manned checkpoints

imprisonment.

in these

circumstances

was evidence

to enforce

noncitizen movement, especially household


deportation

See Kozminski, 487 U.S.


___ _________

that

restrictions on

servants), a threat of

plausibly may

equate

with

See supra note 9.


___ _____

18
18

immediately upon loss of her "B-1" visa status, which allowed her

lawfully to remain in

the United States only while in the employ

of the Alzankis.

maintain

See
___

8 U.S.C.

the status under which

alien will depart from the United

Although

jury fairly

those

ney,
___

1184(a)(1) ("[U]pon failure

[s]he was admitted,

. . . such

States." ); 22 C.F.R.

41.31.

the defense presented contrary testimony, the

could infer

that the most

efficacious threats

the victim reasonably believes can be carried out.

333 F.2d

substantiated by

coerced

to

at 486-87.

severe

Cf.
__

Booker, 655 F.2d


______

beatings and

abductees into remaining at

assaults

are

Shack______

562 (threats,

with

labor camp).

firearms,

The jury was

entitled to make its own credibility determinations, Tuesta-Toro,


___________

29

F.3d at 776,

and to

find, beyond

a reasonable

doubt, that

Gedara believed

and that

appellant's deportation threats to

the alternative to continued

be plausible

involuntary servitude was

at least as severe as imprisonment.

D.
D.

Evidentiary Rulings
Evidentiary Rulings
___________________

1. The "victimologist" testimony


1. The "victimologist" testimony
_____________________________

Appellant filed

preclude

the government

ologist,"

an unsuccessful

from

as an expert witness.

Burgess to

motion

calling Ann

At trial,

refute the Alzankis' principal

in limine
__ ______

Burgess, a

to

"victim-

the government used

"defense"; viz., that


___

Gedara often ventured outside their unlocked apartment during her


________

alleged

involuntary servitude,

stinct for

and given

self-preservation, one would

the normal

expect an

human in-

unrestrained

19
19

person

faced with

actual or threatened

from her abuser at the first opportunity.

evidence

with

opposite impulse

testimony that

abuse

physical abuse

Burgess countered this

victims

overwhelmed by fear

to flee

often harbor

they remain with

the

their

abusers.

Appellant contends that Burgess's expert qualifications

related

only to

sexual
______

abuse victimology,

not the

behavioral

responses of domestic workers subjected to involuntary servitude.

Thus, appellant argues, the expert testimony presented by Burgess

was

irrelevant

and unhelpful

to the

jury,

see Fed.
___

R. Evid.

104(a), 702 (permitting use of expert testimony "[i]f scientific,

technical, or

other specialized knowledge will

of fact") or, at

the very least, its minimal probative value was

substantially outweighed

Fed. R. Evid. 403.

swayed by

amounted

assist the trier

by the danger of

unfair prejudice, see


___

Finally, appellant argues that

Burgess's professional credentials, and

to

impermissible "bolstering"

abuse made by Gedara.

of

the

the jury was

her testimony

allegations of

We

only

review

challenges to

for manifest abuse of discretion.

v. Sepulveda, 15 F.3d
_________

114

expert-witness qualification

See, e.g., United States


___ ____ _____________

1161, 1183 (1st Cir. 1993),

cert. denied,
____ ______

S.Ct. 2714 (1994); United States v. Echeverri, 982 F.2d 675,


_____________
_________

677 (1st

Cir. 1993).11

The

"gatekeeping function" contemplated

____________________

11We reject

the government's

claim should be reviewed


Alzanki objected

only for plain error, since

at trial.

14, 16

(1st Cir. 1992)

timely

objection

contention that the

only Abair

See United States v. Reed, 977 F.2d


___ ______________
____

(motion in limine

at trial).

Rule 702

At

20
20

the

must be "renewed"

outset, the

by

trial judge

by

Rule 702

whether

it

specialized

understand

Daubert
_______

essentially

is

requires

"reasonably
__________

knowledge

likely that
______

which will

a fact in issue."

the

assist

trial judge

the

the

expert

to

assess

possesses

trier better

to

Sepulveda, 15 F.3d at 1183 (citing


_________

v. Merrell Dow Pharmaceuticals, Inc.,


___________________________________

113 S.Ct.

2786

(1993)) (emphasis added); Apostol v. United States, 838 F.2d 595,


_______
_____________

599 (1st Cir. 1988) (noting that Rule 702 rulings invite a "case-

specific inquiry").

We find no error.

The central fallacy in appellant's claim is its implic-

it assumption

that no one other than

an "involuntary servitude"

victimologist could have qualified as an expert under Rule 702 in

the

present case.

This

thesis obviously

"specialized knowledge" requirement under

exclusion of the ultimate standard


_________
________

focuses only
____

on the

Rule 702, to the total

for admission

whether

the

"specialized knowledge" possessed by the witness "will assist the


______

trier of fact

in issue .

. .

to understand the evidence or to

."

Fed. R. Evid.

702.

It is

determine a fact

one matter

to

acknowledge that a witness steeped in the behavioral reactions of

Sri Lankan

United

jury.

domestic servants abused by Kuwaiti

nationals in the

States could be instructive (if not inordinately so) to a

It is quite another

likely," see Echeverri,


___ _________

to suggest that it is not "reasonably

982 F.2d

at 677, that

a somewhat

less

specialized victimologist might "assist" a

in assessing

evidence of the exceedingly

generalist factfinder

uncommon phenomenon of

____________________

announced that

an objection

by either defendant

the

both.

e.g.,
____

claim for

See,
___

Sepulveda, 15
_________

would preserve
F.3d

at 1180

(noting practice as common protocol).

21
21

domestic

servant abuse in the present-day United States.

Id. at
___

783

(Rule 702 demands "common

generalized

nature of

the

sense inquiry").

proffered testimony

While the more

may temper

its

probative value to the factfinder, we do not think it can be said

that its relevance is negated entirely.12

The

record

reflects that

evaluated Ms. Burgess's

lengthy voir dire.

the

trial judge

carefully

professional qualifications following

Burgess testified that her principal training

and experience related to

victims of sexual abuse, but

that she

had researched comparable clinical behavior manifested by victims

of physical

power"

Based

abuse of a

relationships

non-sexual nature in

(e.g.,
____

battered

on her general research

hundreds

of

victims of

sexual

so-called "unequal

spouses

and

children).

and her personal interaction with

abuse,

Burgess testified

that

Gedara's behavioral response to the non-sexual abuse administered

by the Alzankis was consistent with the behavior of abuse victims


__________ ____ ___ ________ __ _____ _______

generally.
_________

It seems to us that expert testimony

which the defense was

likely"

to assist

evidence,

in

free to contradict

the jury in

that the

on this subject

matter

was "reasonably

understanding and

at

issue was

assessing the

highly

material,

____________________

12The

rationale for the

trial judge's ruling

was much the

same:

It seems . . . that one doesn't have to be so


specialized as

to be

an expert on

the res-

ponse of a slavery victim to the master rather than a

victim of other kinds of

power in unequal relationships.

abuse of

22
22

somewhat technical,

and beyond

the realm of

acquired knowledge

normally possessed by lay jurors.

Finally, appellant

contention that allowing

findings on

cites no

an expert to

the behavioral reactions of

federal case law

testify to her

for the

empirical

abuse victims impermis-

sibly suggests to the jury that the putative victim's allegations

of abuse should be believed.

The overwhelming weight of authori-

ty suggests otherwise.

F.2d

848, 852

testimony by

See, e.g., United States v.


___ ____ _____________

(9th Cir.

1990) (upholding

child psychiatrist as to

Hadley, 918
______

admission of

expert

"general behavior charac-

teristics that may be exhibited in children who have been sexual-

ly abused"),

cert. dismissed, 113


____ _________

Mizell,
______

902

F.2d 611,

Pierre,
______

812 F.2d 417,

trial

judge left

615 (7th

S.Ct. 486

Cir.

for doubting

v.

1990); United States v.


______________

419 (8th Cir. 1987).

no room

(1992); Server
______

Moreover, the able

that the

jury remained

perfectly free to reject Burgess's expert opinion, as well as its

predicate assumption.13

2. "Other Acts" Evidence (Rule 404(b))


2. "Other Acts" Evidence (Rule 404(b))
__________________________________
____________________

13The

judge firmly

cautioned the

jury immediately

Burgess testified:

The witness

who is about to

we call an expert witness.


what occurred at the

testify is what
She does not know

Alzanki household.

She

wasn't there, she didn't see any of that. . .


. [O]ne
very

of the

often

ways in which

examined,

very often examined,


to make

witnesses are

expert witnesses
is that they are

certain assumptions . .

to do with the facts in the case.

are
asked

. that have
. . . [I]f

the facts are different from the assumptions,


then the opinions based on the assumption are
of absolutely no value to you.
__________ __ _____ __ ___

23
23

before

Appellant next

in

admitting Gedara's

behavior

toward his

absolutely

contends that the district

testimony concerning

wife,

bars "other

Abair Alzanki,

acts"

at 775.

appellant's abusive

because Rule

evidence relevant

criminal propensity or bad character.

court erred

404(b)

only to

See Tuesta-Toro, 29
___ ___________

prove

F.3d

We disagree.

The Rule 404(b) bar is not

implicated unless the chal-

lenged "other crimes, wrongs, or acts are relevant exclusively to


___________

instigate

an inference that the defendant is more likely to have

acted in similar fashion

is

on

trial."

by committing the offense for

Tutiven, 40
_______

F.3d at

which he

(emphasis added).

By

contrast, the evidence admitted below bore special relevance to a

pivotal element of

the alleged offense

quite apart from

appel-

lant's propensity to commit wrongful acts; viz., the "reasonable___

ness" of

Gedara's stated

fear that

she

would be

a target

appellant's physical violence should she disobey him.

States v.
______

Oreto, 37 F.3d
_____

victim's awareness

parties is

i.e., the

of defendant's

especially relevant

reasonableness of

fear) (citing

(1st Cir.

739, 749 (1st Cir.

United States v.
_____________

1976),

cert.
____

against third

of the

basis for

DeVincent, 546 F.2d


_________

denied, 431
______

denied, 115 S.Ct. 1161 (1995).


______

an element

the stated

U.S.

See United
___ ______

1994) (evidence of

prior bad acts

to

of

903

offense,

the victim's

452, 456-57

(1977)),

cert.
____

3.
3.

Evidence of Ethnic Background and National Origin


Evidence of Ethnic Background and National Origin
_________________________________________________

Appellant now claims

introduced evidence

that the government

of repressive Kuwaiti

deliberately

customs and practices

24
24

toward

domestic workers

among the

jurors.14

primarily

Since he

to inflame

asserted no

any ethnic

bias

contemporaneous ob-

jection, we review for plain error.

See United States v. Figuer___ _____________


_______

oa, 976 F.2d 1446, 1455 (1st Cir. 1992), cert. denied, 113 S. Ct.
__
____ ______

1346

(1993) (finding claim of

error).

the

and no plain

We will reverse "only if the error 'seriously affect[ed]

fundamental fairness

ings.'"

ethnic bias waived,

Tuesta-Toro,
___________

Carty, 993
_____

F.2d 1005,

and

29 F.3d

1012 n.9

basic integrity

at 775 (citing

of the

proceed-

United States
_____________

(1st Cir. 1993)).

We

v.

find no

error.

The government itself cautioned the jury during closing

argument

that

appellant's mere

status
______

as

should play no part in their deliberations.

during the trial did the government make

a foreign

national

Further, at no point

any inflammatory remark

relating to

the Alzankis' ethnic background

See United States


___ _____________

v. Ovalle-Marquez,
______________

36 F.3d

or national origin.

212, 221-22

(1st

Cir. 1994) (finding remarks not inflammatory because, inter alia,


_____ ____

they "serve

[a] purpose other

115 S.Ct. 1322 (1995).

of this type

has been

than to inflame"),

Finally, unlike cases in

found marginally relevant

e.g., United States v. Rodriguez Cortes, 949


____ ______________
_________________

(1st Cir. 1991) (finding

identification card

cert. denied,
____ ______

which evidence

at best,

F.2d 532,

see,
___

541-42

that admission of defendant's Colombian

impermissibly invited jury to

conclude that

____________________

14During

jury

impanelment,

inquired of each prospective

the

trial

judge scrupulously

juror whether the ethnic background

or national

origin of the

defendants would

capacity to

serve impartially.

Certain

excused for cause on these grounds.

affect the

juror's

prospective jurors were

25
25

"a person . . .

born in Colombia . . . must be

trafficking"); see also


___ ____

(D.C. Cir.

v. Doe, 903
___

1990) (noting that prosecutor

defendants as

effect

United States
_____________

"Jamaicans" and

involved in drug

F.2d 16,

18

frequently referred to

stressed expert testimony

to the

that "Jamaicans" were known to be deeply involved in drug

trafficking), prevailing Kuwaiti customs were highly probative on

at least three issues

See,
___

e.g.,
____

evidence

material to the section

Figueroa, 976
________

1455

(no plain

error where

related to true source of large bank deposits in defen-

dant's name, corroborated

bolstered

F.2d at

1584 prosecution.

credibility

certain admissions

of

important

by defendant,

government

witness

and

whose

credibility was challenged by defense).

First,

it could be inferred that Gedara

domestic servant in Kuwait

as a former

developed a "special vulnerability"

to the Alzankis' threats, even though an American domestic worker

might not have

been placed

Kozminski, 487 U.S. at


_________

to Kuwaiti customs

952.

"reasonably" in fear

For example, the

and practices clearly tended

thereby.

See
___

evidence relating

to buttress the

reasonableness of Gedara's stated belief in appellant's

that the

American police, like their

under orders to shoot

out alone.

warnings

Kuwaiti counterparts, were

undocumented domestic workers who ventured

Gedara likewise would have been especially vulnerable

to the coercive force of

appellant's frequent threats to

her disobedience by returning


_________

native home in Sri Lanka.

her to Kuwait, rather than


___ __ ______

punish

to her

Moreover, appellant's own familiarity

with Kuwaiti customs could generate the reasonable inference that

26
26

appellant

played

on

Gedara's

isolation

and

vulnerabilities,

making it more probable that he acted with the requisite specific


________

intent
______

to subject her to involuntary

servitude.

Indeed, appel-

lant sought to capitalize on the very same evidence by arguing to

the

jury that he should

growing up

not be convicted

in Kuwait had never

treatment of Gedara

since his experiences

put him on fair

might be considered

notice that his

criminal in other

cul-

tures.

4.
4.

Hearsay Testimony
Hearsay Testimony
_________________

Appellant next challenges, as inadmissible hearsay, the

testimony given

who

came to

by several

nurses and a

respiratory specialist

the Alzankis'

apartment to

care for

their ailing

child, and by a police officer who interviewed Gedara immediately

after

she fled the

contemporaneous

harsh conditions

apartment.

These

statements Gedara

and inhumane

witnesses related various

made to

them concerning

treatment she experienced

hands

of the Alzankis.

The government

under

Rule 801(d)(1)(B) (prior

the

at the

offered their testimony

consistent statements offered to

rebut charge of recent fabrication).

The district court admitted

their

(statements of

testimony

under Rule

then-existing state of mind).

803(3)

declarant's

We review for abuse of discretion.

United States v. Paulino, 13 F.3d 20, 24 (1st Cir. 1994).


_____________
_______

Some of the challenged testimony clearly was admissible

under Rule 803(3), such as Gedara's contemporaneous statements as

to her state of mind

On the

that she was afraid, hungry,

other hand, Rule 803(3)

has been held not

exhausted.

to allow more

27
27

expansive statements elaborating upon

the

declarant's

Fontenot,
________

state of

mind.

the underlying reasons for

See,
___

e.g., United States v.


____ ______________

14 F.3d 1364, 1371 (9th Cir.), cert. denied, 115 S.Ct.


____ ______

431 (1994); United States v. Cohen, 631 F.2d 1223, 1225 (5th Cir.
_____________
_____

1980).

any

In any event, we may affirm the district court ruling on

ground apparent from the appellate record.

United States v.
_____________

Norton, 26 F.3d 240, 244 (1st Cir. 1994).


______

The government was entitled to introduce the challenged

testimony to establish the

the declarant

truth of the matter asserted,

(viz., Gedara) testified at trial


___

if (1)

and was subject

to cross-examination; (2) the challenged statements and her trial

testimony were consistent; and (3) the challenged statements were

offered

to rebut an express or implied charge that the declarant

recently fabricated her story, or became subject to some improper

influence or motive to falsify after making the challenged state-

ment.

See Tome v. United States,


___ ____
_____________

States v.
______

Arias-Santana, 964
_____________

United States
_____________

115 S. Ct. 696 (1995); United


______

F.2d 1262, 1264

v. Piva, 870 F.2d


____

(1st Cir.

753, 758 (1st Cir.

1992);

1989).

All

three criteria for admission under Rule 801(d)(1)(B) were met.

At

trial,

Gedara

testified

consistently

with

her

previous statements to the nurses, therapist, and police officer.

By suggesting, on cross-examination, that Gedara recently had met

with

rights

to her

bidding

pers

Hollywood producer

to

"story,"

interested

that she

was

in

purchasing the

engaged in

film

Hollywood

war, and that she had been interviewed by Boston newspa-

drum up

publicity

for

28
28

her

"story," defense

counsel

plainly impugned Gedara's motives and just as clearly invited the

government to respond

as it did

with corroborative evidence

that Gedara had made statements consistent with her

trial testi-

mony long before the motivations attributed to her by the defense

had ever arisen.

See United States v. Montague,


___ _____________
________

1095 (D.C. Cir. 1992).

E.
E.

The Restitutionary Sentence


The Restitutionary Sentence
___________________________

958 F.2d 1094,

Finally,

sentence imposed

Act,

contends

the Victim and

restitutionary

Witness Protection

error because

(1) lost overtime wages to which

entitled under the applicable law,

L. Ann. ch. 151;

that the

3663(b)(2)(A), constituted

Gedara for

Act, 29 U.S.C.

job

pursuant to

18 U.S.C.

reimbursed

not

appellant

it

she was

see Fair Labor Standards


___

213; Massachusetts Wage and Hour Act, Mass. Gen.

(2) lost wages for

time she took off from

her

to assist the government in prosecuting its case against the

Alzankis, but see Ratliff


___ ___ _______

(6th

Cir. 1993);

and (3)

v. United States, 999 F.2d


_____________

1023, 1026

psychological counseling

for chronic

stress symptoms attributable to her abusive treatment, but cf. 18


___ __

U.S.C.

3663(b)(2)(A) (restitution only for "bodily injury").


______

We decline

to address

appellant's

challenges to

the

restitutionary

below.

See
___

1991).15

sentence

since

United States v.
_____________

Appellant's

utter

these claims

Dietz, 950 F.2d


_____

failure to

were

never raised

50, 55 (1st

object

Cir.

disabled

the

____________________

15Indeed, as concerns the first contention, appellant flatly


stated

at sentencing that he "would leave


_____ _____

it up to the Court to
__ __ __ ___ _____ __

determine what is an appropriate restitution figure." Nor


_________ ____ __ __ ___________ ___________ ______
cite to
left

the

the two statutes upon


district court

with

which he now relies.


the clear

29
29

impression

did he

Rather, he

that some
____

sentencing court from making a reasoned assessment of the present

claims

in the

first

instance, and

factual findings upon which

concerns

the

case,

having

making the

the claims depend.

appellant's second claim,

restitutionary sentence

offset

from

did

For

predicate

example, as

the government responds that

not include
___

reimbursement

to

leave time Gedara took to help the government prepare its

but merely to reimburse

to leave her new

her for lost

wages occasioned by

employment to obtain

treatment for the

debilitating stress she experienced during her four-month ordeal.

The government concedes

that reimbursement

tance in preparing for trial would be

for Gedara's

assis-

problematic as a matter of

law, but appellant's failure

to alert the district court

claim,

time on appeal,

tencing

raised for the first

court from clarifying

tutionary sentence.

prevented the sen-

the factual basis


_______

for its resti-

Lastly, appellant's only attempt at address-

ing the government's waiver argument

the restitutionary sentence

is

that he promptly appealed

no answer at all.

Nor

request reconsideration of the restitutionary sentence.

R. Crim. P.

to the

35(c); cf. United States v. Heilprin,


__ _____________
________

did he

See Fed.
___

910 F.2d 471,

474 n.5 (7th Cir. 1990).

III
III

CONCLUSION
CONCLUSION
__________

The district court judgment must be affirmed.

Affirmed.
Affirmed.
________

____________________

overtime wages might be appropriate as a matter of law.

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30

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