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IN RE DE JESUS BERRIOS

No. 83-1111.

706 F.2d 355 (1983)

In re Alberto DE JESUS BERRIOS, Appellant.

United States Court of Appeals, First Circuit.

Decided April 28, 1983.

Attorney(s) appearing for the Case

Judith Berkan, Jose Antonio Lugo, Lenore Glazer, and Pedro Varela, Hato Rey, P.R., on brief for appellant.

Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., and Earl Kaplan, Atty., Dept. of Justice, Washington, D.C., on brief for appellee.

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

LEVIN H. CAMPBELL, Chief Judge.

The appellant is presently incarcerated as a recalcitrant witness because of his refusal to comply with an order of the district court. 28 U.S.C. § 1826.

On January 28, 1983, appellant appeared before a grand jury in San Juan, Puerto Rico, pursuant to a subpoena, and was ordered by the foreman of the grand jury to provide hair samples and to appear in a lineup. He responded to the order by reading a prepared statement refusing...

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