Olsen v. United States, 71-2081.
| Decision Date | 06 August 1971 |
| Docket Number | No. 71-2081.,71-2081. |
| Citation | 446 F.2d 912 |
| Parties | Ernest Harvey OLSEN, Petitioner and Appellant, v. UNITED STATES of America, Respondent. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Mark B. Raven (argued), of Risner, Wolf & Raven, Tucson, Ariz., for petitioner-appellant.
Garvin Lee Oliver (argued), Dept. of Justice, Washington, D. C., Richard K. Burke, U. S. Atty., Phoenix, Ariz., for appellee.
Before CHAMBERS and HUFSTEDLER, Circuit Judges, and THOMPSON,* District Judge.
The order adjudging Olsen guilty of civil contempt is affirmed.
This court's stay of the district court's order is terminated effective at noon, Pacific time, August 10, 1971.
I concur in the result reached by a majority of the panel under the compulsion of In re Bacon (9th Cir. 1971) 446 F.2d 667; cf. United States v. Gelbard and United States v. Parnas (9th Cir. 1971) 443 F.2d 837. Were the question open in this Circuit, I would hold that 18 U.S. C. § 2515 precluded a finding of contempt for reasons stated in the opinions of Judges Adams and Rosenn in In re Joques Egan (3d Cir. 1971) (en banc) No. 71-1088, May 28, 1971 and in the opinions of Judges Bazelon and Wright in In re Evans and In re Fishlowitz (D.C. Cir. 1971) Nos. 71-1499 & 71-1521, July 23, 1971.
I would enlarge the appellant on bail pending the filing of his petition for certiorari.
* Bruce R. Thompson, judge of the United States District Court for the District of Nevada.
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