UNITED STATES v. PACELLA

No. 1148, Docket 80-1122.

622 F.2d 640 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Louis PACELLA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 20, 1980.


Attorney(s) appearing for the Case

Barry Ivan Slotnick, New York City, for defendant-appellant.

Nathaniel H. Akerman, Asst. U. S. Atty., William M. Tendy, U. S. Atty., S. D. N. Y., Howard W. Goldstein, Asst. U. S. Atty., New York City, for plaintiff-appellee.

Before LUMBARD, MULLIGAN, Circuit Judges, and SPEARS, District Judge.


SPEARS, District Judge:

This is an appeal from a judgment of civil contempt entered by the District Court for the Southern District of New York. Although granted use immunity, the appellant refused to answer a question directed to him by a federal grand jury, contending that he was not adequately protected by the immunity order.

At the time he was summoned to appear before the grand jury, the appellant was in federal custody, having been convicted on his plea...

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