In Re Grand Jury Proceedings. Alfredo Carlos Garcia-Rosell, Witness-Appellant v. United States
Court of Appeals for the Ninth Circuit
1Per curiam
Alfredo Carlos Garcia-Rosell appeals the district court’s judgment holding him in civil contempt for refusing to testify before the grand jury subsequent to a grant of immunity. We affirm the district court’s adjudication of contempt. 1
I. Fifth Amendment Protection
A grand jury witness may be held in civil contempt if he refuses without just cause to testify. 28 U.S.C. § 1826. Garcia-Ro-sell contends that his refusal to testify is justified because: (1) the Fifth Amendment protects him from testifying on matters that were the subject of his criminal conviction while the appeal of that…
2Cases cited12 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Gelbard v. United StatesSupreme Court of the United States · 1972
- United States v. John David GardnerCourt of Appeals for the Ninth Circuit · 1980
- United States v. Martin SchwimmerCourt of Appeals for the Second Circuit · 1989
- In the Matter of Contempt Proceedings Against Grand Jury Witness James Frederick Weir, Jr. United States of America v. James Frederick Weir, Jr.Court of Appeals for the Ninth Circuit · 1974
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3Cited by10 opinions
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- In Re Grand Jury Investigation, 2003r01576. John Doe, Witness-Appellant v. United StatesCourt of Appeals for the Ninth Circuit · 2005
- In Re Grand Jury Subpoena ChinskeDistrict Court, D. Montana · 1991
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