United States v. Rocco Frumento in Re Subpoena to Vito N. Pisciotta

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to determine whether a defendant who has been tried and convicted but not yet sentenced, and whose post-trial motions were still pending at the time the government sought his testimony at the trial of his codefendants, may be compelled to testify under a grant of immunity. Upon his refusal to testify, the district court entered an order of contempt and confinement pursuant to 28 U.S.C. § 1826. Although the government contends that the termination of the trial at which he was to testify renders this appeal moot, we disagree.…