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U.S. v. SCHWIMMER

No. 1116, Docket 89-6048.

882 F.2d 22 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Martin SCHWIMMER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 1, 1989.

Attorney(s) appearing for the Case

Alan M. Dershowitz, Cambridge, Mass. (Nathan Z. Dershowitz, Victoria B. Eiger, Dershowitz & Eiger, P.C., New York City, of counsel), for defendant-appellant.

Matthew J. Brief, Sp. Atty., Organized Crime Strike Force, E.D.N.Y., Brooklyn, N.Y., (Bruce Maffeo, Sp. Atty., Organized Crime Strike Force, E.D. N.Y., Andrew J. Maloney, U.S. Atty., E.D. N.Y., Edward A. McDonald, Atty.-in-Charge, Organized Crime Strike Force, E.D. N.Y., Brooklyn, N.Y., of counsel), for plaintiff-appellee.

Before NEWMAN, CARDAMONE and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

The principal issue on this appeal is whether a defendant who has been tried, convicted, and whose appeal is pending may be granted use immunity and then be compelled to testify before a grand jury on matters that were the subject of his conviction, even though his appeal may result in a retrial of those offenses about which he gave compelled testimony. We believe the testimony of such a defendant may be compelled. Hence, we affirm.

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