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UNITED STATES v. SEMKIW

No. 82-1717.

712 F.2d 891 (1983)

UNITED STATES of America, Appellee, v. Zeno SEMKIW, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 20, 1983.

Attorney(s) appearing for the Case

Richard D. Malmed (argued), Hepburn Willcox Hamilton & Putnam, Philadelphia, Pa., for appellant.

Elizabeth K. Ainslie (argued), Asst. U.S. Atty., Peter F. Vaira, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before ADAMS and WEIS, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

The defendant in this case was granted use immunity and compelled to testify before a grand jury about a crime for which he was later indicted. He contends that the Assistant United States Attorney who tried the case used the grand jury testimony as a "discovery deposition" and thus violated the fifth amendment privilege against self-incrimination. Because the record is inadequate to evaluate the validity of the...

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