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IN RE GARMON

Nos. 78-1154 and 78-1233.

572 F.2d 1373 (1978)

In re Grand Jury Proceedings of Denise GARMON, Appellant. In re Grand Jury Proceedings of Courtney D. WASHINGTON, Appellant.

United States Court of Appeals, Ninth Circuit.

April 7, 1978.

Attorney(s) appearing for the Case

Michael J. McCabe, of Savitz & McCabe, San Diego, Cal., for appellant.

John J. Robinson, Asst. U. S. Atty., on the brief, Michael H. Walsh, U. S. Atty., San Diego, Cal., for appellee.

Before WALLACE, SNEED and KENNEDY, Circuit Judges.

SNEED, Circuit Judge:

I.

INTRODUCTION.

The issue in these cases is whether a civil contempt sentence can be imposed upon a witness who is already serving a criminal sentence, thereby suspending the service of the criminal sentence during the period of the contempt confinement.

In No. 78-1154, Denise Garmon was sentenced on December 20, 1977 to 18 months' confinement for a conviction of conspiracy to possess with intent to distribute a controlled...

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