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UNITED STATES v. (UNDER SEAL)

No. 86-5572.

794 F.2d 920 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. (UNDER SEAL), Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 18, 1986.

Opinion Issued June 23, 1986.

Attorney(s) appearing for the Case

John M. Bray (Cary M. Feldman, Douglas C. McAllister, Schwalb, Donnenfeld, Bray & Silbert, Washington, D.C., on brief), for defendants-appellants.

Theodore Stewart Greenberg, Asst. U.S. Atty., Alexandria, Va., and David B. Smith, Trial Atty., Washington, D.C., (Justin W. Williams, U.S. Atty., Alexandria, Va., on brief), for plaintiff-appellee.

Before WINTER, Chief Judge, and WIDENER and PHILLIPS, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

Petitioners appeal from an order holding them in contempt for refusing to testify and to respond to a subpoena duces tecum before a grand jury, following a statutory grant of use and derivative use immunity. They contend that the Fifth Amendment affords them the privilege not to testify in the United States, because their testimony could be used to incriminate them in a pending prosecution in the Philippines.

The district...

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