UNITED STATES v. LEVINE

No. 247, Docket 26630.

288 F.2d 272 (1961)

UNITED STATES of America, Appellee, v. Morry LEVINE, Appellant.

United States Court of Appeals Second Circuit.

Decided March 29, 1961.

Rehearing Denied April 26, 1961.


Attorney(s) appearing for the Case

Myron L. Shapiro, New York City, for appellant.

George I. Gordon, Asst. U. S. Atty., S.D.N.Y., New York City (Morton S. Robson, U. S. Atty., and David Klingsberg, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, and CLARK and SMITH, Circuit Judges.


CLARK, Circuit Judge.

Morry Levine appeals from the denial of his motion pursuant to F.R.Crim.P. 35 to reduce his sentence of one year's imprisonment for criminal contempt. Despite a proffered grant of immunity from prosecution, Levine disobeyed a court order to answer questions propounded to him by a Federal Grand Jury in an investigation of violations of the Motor Carrier Act, 49 U.S.C. §§ 301-327. According to Levine's affidavit in support of his motion...

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