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UNITED STATES v. JOHNSON

No. 1250, Docket 86-1118.

801 F.2d 597 (1986)

UNITED STATES of America, Appellee, v. Wilfred JOHNSON, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 16, 1986.

Attorney(s) appearing for the Case

Richard A. Rehbock, New York City, for defendant-appellant.

Diane F. Giacalone, Asst. U.S. Atty. (Reena Raggi, U.S. Atty., E.D.N.Y., Allyne R. Ross, Asst. U.S. Atty., of counsel), for appellee.

Before VAN GRAAFEILAND, WINTER and MINER, Circuit Judges.

WINTER, Circuit Judge:

Wilfred Johnson, a defendant in the underlying criminal prosecution, appeals from Judge Nickerson's order holding him in contempt for his refusal to testify as a government witness at a preliminary hearing pursuant to a grant of use immunity. Johnson claims that his status as an indicted co-defendant in the action provides him with an absolute privilege to refuse to testify, and asks that the contempt order be vacated. Because Johnson is a defendant...

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