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IN RE GRAND JURY MATTER

Nos. 90-5339, 90-5340.

926 F.2d 348 (1991)

In re GRAND JURY MATTER (SPECIAL GRAND JURY NARCOTICS DECEMBER TERM, 1988, MOTION TO QUASH SUBPOENA). (Two Cases) John DOE 1; John Doe 2, Appellants, United States of America, Plaintiff-Appellee, v. UNDER SEAL, Defendant. In the Matter of, the SEARCH OF A TWO STORY TOWNHOUSE, 2033 EAST BELVEDERE AVENUE, BALTIMORE, MARYLAND 21239, Defendant. (Two Cases) John DOE 3, Appellant, United States of America, Plaintiff-Appellee, v. UNDER SEAL, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1991.

As Amended March 11, 1991.

Attorney(s) appearing for the Case

Joshua R. Treem, argued (Harry Levy, on brief), Schulman, Treem, Kaminkow & Gilden, P.A., Baltimore, Md., for appellants.

John Francis Purcell, Jr., Asst. U.S. Atty., argued (Breckinridge L. Willcox, U.S. Atty., on brief), Baltimore, Md., for plaintiff-appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

MURNAGHAN, Circuit Judge:

An attorney and his law firm received a grand jury subpoena requiring the production of documents relating to a client whom they were representing. The district court judge denied their motion to quash the subpoena. They appeal the denial, arguing that the district court erred by denying the motion without a hearing after concluding that the subpoena did not infringe on the sixth amendment right to counsel and the attorney-client privilege...

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