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IN RE PANTOJAS

No. 80-1317.

628 F.2d 701 (1980)

In re Carlos Rosario PANTOJAS, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided August 14, 1980.

Attorney(s) appearing for the Case

Judith Berkan, Hato Rey, P. R., with whom Juan Ramon Acevedo, Hato Rey, P. R., Jose Carreras Rovira, Rio Piedras, P. R., Pedro J. Varela, Hato Rey, P. R., and Ellen P. Chapnick, Washington, D. C., were on brief, for defendant-appellant.

Brian M. Murtagh, Sp. Atty., U. S. Dept. of Justice, Washington, D. C., with whom Charles E. Fitzwilliam, Asst. U. S. Atty., and Raymond L. Acosta, U. S. Atty., Santurce, P. R., were on brief, for appellee.

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

COFFIN, Chief Judge.

Appellant was found in contempt under 28 U.S.C. § 1826 for refusing to obey an order of the district court that he appear in a lineup requested by a United States Grand Jury. He presently remains in jail because neither the district court nor this court upon preliminary review could find that the appeal was taken for any purpose other than delay. Upon full review of the briefs and records, our first impression has been confirmed on every...

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