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UNITED STATES v. JOHNSON

No. 84-1488.

752 F.2d 206 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Marlon Louis JOHNSON, and Bennie Johnson, Defendants, Timothy Duane Neal, Witness-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1985.

Attorney(s) appearing for the Case

Leroy T. Soles, Federal Defender Office, Kenneth R. Sasse (argued), Detroit, Mich., for witness-appellant.

Leonard R. Gilman, U.S. Atty., Karen Reynolds, Maura Corrigan (argued), Asst. U.S. Attys., Detroit, Mich., for plaintiff-appellee.

Before ENGEL, MERRITT and KENNEDY, Circuit Judges.

MERRITT, Circuit Judge.

This appeal marks the second time that Timothy Neal has come before this Court asking that pretrial civil contempt charges against him be set aside. The first appearance resulted in our reversing the trial court's contempt order, made at a pretrial hearing, since the order had not been made during the kind of "proceeding before or ancillary to any court" mandated by the Recalcitrant Witness Act, 28 U.S.C. § 1826.

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