APPEAL OF MAGUIRE

No. 77-1496.

571 F.2d 675 (1978)

Appeal of Lawrence F. MAGUIRE (Grand Jury Proceedings).

United States Court of Appeals, First Circuit.

Decided February 22, 1978.


Attorney(s) appearing for the Case

William J. Carr, Boston, Mass. by appointment of the court, for appellant.

Paul Healy, Jr., Asst. U.S. Atty., Boston, Mass., with whom Edward F. Harrington, U.S. Atty., and Robert B. Collings, Asst. U.S. Atty., Chief, Criminal Division, Boston, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

The issue here is whether a district court can order such physical force as is reasonably necessary to compel a defiant grand jury witness to appear in a lineup and submit to fingerprinting.

The appellant, Lawrence F. Maguire, was asked by a grand jury investigating an armed robbery if he would voluntarily appear in a lineup and submit to fingerprinting. He responded that he would not. The grand...

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