IN RE GRAND JURY PROCEEDINGS McELHINNEY

No. 82-5309.

677 F.2d 738 (1982)

In re GRAND JURY PROCEEDINGS: Todd McELHINNEY, witness. Todd McELHINNEY, Witness, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1982.


Attorney(s) appearing for the Case

Robert F. Semmer, Asst. U. S. Atty., on the brief, Peter K. Nunez, U. S. Atty., San Diego, Cal., for appellee.

Before GOODWIN, SKOPIL and BOOCHEVER, Circuit Judges.


PER CURIAM.

Todd McElhinney appeals an order of confinement for contempt of court after his refusal to testify before a federal grand jury. Following his claim of privilege, he was granted immunity and ordered to testify. He continued to refuse, contending that the government had illegally monitored his telephone. We vacate the order and remand for further proceedings.

The government acknowledged use of a court-ordered wiretap, and McElhinney requested disclosure...

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