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U.S. v. UNDERWOOD

No. 89-1315.

880 F.2d 612 (1989)

UNITED STATES of America, Appellee, v. Peter UNDERWOOD, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 24, 1989.

Attorney(s) appearing for the Case

John A. MacFadyen, for defendant, appellant.

James H. Leavey, Providence, R.I., Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief for U.S.

Before BREYER, REINHARDT, and TORRUELLA, Circuit Judges.

BREYER, Circuit Judge.

Peter Underwood appeals from his conviction for contempt of court, a conviction that rests upon his refusal to testify at the trial of Stuart Newton and Thomas Gilbert, whom, in July 1983, Underwood allegedly helped to smuggle drugs. Underwood says that the Fifth Amendment protects his refusal to testify at that trial because his testimony might be used against him in his own drug-smuggling case, which prosecution was taking place at about the...

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