IN RE GRAND JURY SUBPOENA DUCES TECUM DATED JAN. 2, 1985

No. 1196, Docket 85-6066.

775 F.2d 499 (1985)

In re GRAND JURY SUBPOENA DUCES TECUM DATED JANUARY 2, 1985 (Robert M. SIMELS, Esq.). Donald PAYDEN, Intervenor-Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided October 21, 1985.


Attorney(s) appearing for the Case

Elkan Abramowitz, New York City (Obermaier, Morvillo & Abramowitz, P.C., Ronald C. Minkoff, Robert M. Simels, Bennett Gershman, Madeleine M. Nichols, New York City, of counsel), for intervenor-appellant.

John K. Carroll, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Rhea Kemble Brecher, Stuart E. Abrams, Asst. U.S. Attys., New York City, of counsel), for appellee.

Before FEINBERG, Chief Judge, FRIENDLY and NEWMAN, Circuit Judges.


FRIENDLY, Circuit Judge.

This is a minor sequel to our decision in Payden v. United States, 767 F.2d 26 (2 Cir.1985), familiarity with which is assumed. As there recounted, Payden was the subject of an indictment charging him with violations of the federal narcotics laws; a superseding indictment added a count charging him with engaging in a continuing criminal narcotics enterprise in violation of 21 U.S.C. § 848 and sought...

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