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IN RE GRAND JURY SUBPOENA SERVED ON DOE

No. 417, Docket 89-6171.

889 F.2d 384 (1989)

In re GRAND JURY SUBPOENA SERVED ON John DOE. John DOE, a Grand Jury Witness, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided September 18, 1989.

Opinion November 8, 1989.

Attorney(s) appearing for the Case

John Nicholas Iannuzzi, New York City (Iannuzzi and Iannuzzi, New York City, Joan A. Alpert, of counsel), for appellant.

James H. Rodio, Atty., Tax Div., Dept. of Justice, Washington, D.C. (Shirley D. Peterson, Asst. Atty. Gen., Robert E. Lindsay, Alan Hechtkopf, Kimberly M. Zimmer, Attys., Dept. of Justice, Washington, D.C., Andrew J. Maloney, U.S. Atty. E.D.N.Y., Brooklyn, N.Y., of counsel), for appellee.

Before LUMBARD, CARDAMONE and FRIEDMAN, Circuit Judges.

LUMBARD, Circuit Judge:

John Doe appeals from an order of the United States District Court for the Eastern District of New York, Wexler, J., denying his motion to quash a subpoena compelling him to testify before the grand jury. After refusing to testify, appellant was held in civil contempt and ordered incarcerated until he appeared to testify. He remains under house arrest, and seeks a reversal of the contempt finding and a quashing of the subpoena.

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