In Re Grand Jury Subpoena, Dated April 18, 2003, John Doe v. United States

CANBY, Circuit Judge.

Appellant John Doe was held in contempt by the district court and he appeals, challenging the district court’s denial of his motion to quash a subpoena duces tecum. The government served Doe with the subpoena in conjunction with an antitrust investigation into price fixing in the Dynamic Random Access Memory chip market. We conclude that, because of the breadth of the subpoena and the government’s limited knowledge of the documents sought, Doe’s production of the documents would have a testimonial aspect protected by the Fifth Amendment right against self-incrimination.…