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UNITED STATES v. MIRANTI

Nos. 134, 135, Dockets 24718, 24719.

253 F.2d 135 (1958)

UNITED STATES of America, Plaintiff-Appellee, v. Gondolfo MIRANTI, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Domenico BANDO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 3, 1958.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City (Matthew H. Brandenburg, New York City, on the brief for Gondolfo Miranti), for defendants-appellants.

Arthur H. Christy, Chief Asst. U. S. Atty., S.D.N.Y., New York City (Paul W. Williams, U. S. Atty., and Robert Kirtland, Fioravante G. Perrotta, and Herbert F. Roth, Asst. U. S. Attys., New York City, on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and SMITH, District Judge.

CLARK, Chief Judge.

Defendants appeal from convictions of contempt of court, 18 U.S.C. § 401, for refusing to comply with district court orders to answer certain questions before a grand jury. They persisted in their refusal before the district court, which sentenced them each to five years in prison after summary proceedings under Fed.Rules Crim.Proc., rule 42(a). Both defendants invoked the privilege against self-incrimination to justify their silence, but...

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