United States v. Patrick Ryan and William Schwener

FLAUM, Circuit Judge.

Defendants Schwener and Ryan were each placed in civil contempt for refusing to testify before a federal grand jury. Each defendant failed to purge himself of the civil contempt, and each was subsequently convicted of criminal contempt for the same refusal to testify. They now appeal their convictions, arguing, inter alia, that the criminal contempt proceedings against them were barred by the double jeopardy clause and by res judicata. We affirm the defendants’ convictions.

I

The facts as to each defendant are similar. In December, 1983, defendant Schwener pleaded guilty to…