MATTER OF BATTAGLIA

No. 81-5339.

653 F.2d 419 (1981)

In the Matter of Grand Jury Witness Charles Joseph BATTAGLIA. Charles Joseph BATTAGLIA, Witness, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1981.

Rehearing Denied October 5, 1981.


Attorney(s) appearing for the Case

Hirsh & Bayles, Tuscon, Ariz., for appellant.

Paul Corradini, Phoenix, Ariz., for appellee.

Before GOODWIN, ANDERSON and FERGUSON, Circuit Judges.


GOODWIN, Circuit Judge.

Charles Joseph Battaglia appeals a judgment of civil contempt. He was adjudged a recalcitrant witness for failing to answer certain questions before the grand jury, despite his claim that he was unable to remember the events in question.

In October 1978 Battaglia was indicted for mail fraud, conspiracy, and several drug-related offenses. In January 1979 he entered into a plea bargain pursuant to which he pleaded guilty to one count...

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