UNITED STATES v. DAMIANO

No. 77-5314.

579 F.2d 1001 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel DAMIANO, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 6, 1978.


Attorney(s) appearing for the Case

Thomas Longo, Dempsey, Giuliani, Sperli, McMahon & Longo, Cleveland, Ohio, for defendant-appellant.

James R. Williams, U. S. Atty., Solomon Oliver, Asst. U. S. Atty., Cleveland, Ohio, for plaintiff-appellee.

Before ENGEL, KEITH and MERRITT, Circuit Judges.


KEITH, Circuit Judge.

The issue before this Court is whether a person who has pled guilty to passing and uttering counterfeit obligations may subsequently refuse to testify at the trial of an acquaintance also charged with passing and uttering counterfeit obligations on the ground that his answers might subject him to further prosecution in violation of the Fifth Amendment. Judge Lambros, the district court judge, adjudged the witness in contempt. We affirm.

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