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IN RE GRAND JURY PROCEEDINGS

No. 13-2498.

744 F.3d 211 (2014)

In re GRAND JURY PROCEEDINGS.

United States Court of Appeals, First Circuit.

February 20, 2014.

Attorney(s) appearing for the Case

William P. Devereaux , with whom James W. Ryan , Matthew C. Reeber , Misty G. Delgado and Pannone Lopes Devereaux & West LLC were on brief, for appellant.

Donald C. Lockhart , Assistant United States Attorney, with whom Peter F. Neronha , United States Attorney, was on brief, for appellee.

Before HOWARD, Circuit Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.

HOWARD, Circuit Judge.

A venerable legal Latinism, lex non cogit ad impossibilia, teaches that the law does not compel the impossible. Guided by that august adage, we hold that a subpoena duces tecum compelling the production of documents to a now-defunct grand jury cannot be enforced by civil contempt sanctions before a successor grand jury, and we accordingly vacate the district court's order holding the appellant...

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