United States v. Reina, 169
Decision Date | 30 December 1959 |
Docket Number | Docket 25644.,No. 169,169 |
Parties | UNITED STATES of America, Appellee, v. Giacomo REINA, Appellant. |
Court | U.S. Court of Appeals — Second Circuit |
Allen S. Stim, New York City, for appellant, Menahem Stim, New York City, of counsel.
S. Hazard Gillespie, Jr., U. S. Atty., New York City, for appellee, Joseph DeFranco, Asst. U. S. Atty., New York City, Daniel P. Hollman, Asst. U. S. Atty., Brooklyn, N. Y., George I. Gordon, Asst. U. S. Atty., New York City, of counsel.
Before SWAN and FRIENDLY, Circuit Judges, and HERLANDS, District Judge.
Pursuant to 18 U.S.C.A. § 401(3) appellant was convicted of criminal contempt of court and was sentenced to two years imprisonment for refusing to answer certain questions before a federal grand jury inquiring into alleged violations of the narcotics laws, after he had been granted immunity under 18 U.S. C.A. § 1406 and had been ordered by the court to answer the questions. Judge Dawson's well reasoned opinion is reported in 170 F.Supp. 592.
Appellant attacks the constitutionality of § 1406. His principal argument is that the immunity granted under this statute will not protect him from state prosecutions. That a federal immunity statute need not do so was settled long ago in United States v. Murdock, 284 U.S. 141, 52 S.Ct. 63, 76 L.Ed. 210.1 He says that the courts should re-examine the Murdock decision. But, obviously, such re-examination is not for this court to make.
At the time of his appearance before the grand jury appellant was serving a prison sentence for conspiracy to violate the narcotic laws.2 The grand jury sought to question him concerning this crime. Seizing upon certain expressions in Brown v. Walker, 161 U.S. 591, 16 S.Ct. 644, 40 L.Ed. 819, which sustained the constitutionality of a federal immunity statute similar to § 1406, appellant makes the fantastic contention that § 1406 is unconstitutional as applied to him because it does not grant a "general amnesty" or "pardon" for his past offense. The error in this argument is that it attempts to convert a general discussion in the Brown v. Walker opinion, at page 601, of 161 U.S. at page 648 of 16 S.Ct. as to the power of Congress to pass acts of general amnesty into an independent principle of law, requiring appellant's past offense to be pardoned. No authority is cited to support this extraordinary contention.3
Additional points made by appellant have been considered but are so plainly without merit that they require no discussion.
Judgment affirmed.
1 See also Knapp v. Schweitzer, 357 U.S. 371, 380, 78 S.Ct. 1302, 2 L.Ed.2d 1393; Tedesco v. United States, 6 Cir., 255 F. 2d 35; Corona v. United States, 6 Cir., 250 F.2d 578, certiorari denied 356 U.S. 954, 78 S.Ct. 921, 2 L.Ed.2d 847.
2 His conviction was affirmed in United States v. Reina, 2 Cir., 242 F.2d 302, certiorari denied 354 U.S. 913, 77 S.Ct. 1294, 1 L.Ed.2d 1427.
3 For decisions rejecting...
To continue reading
Request your trial-
United States v. Worcester
...contemptuous witness and others who have relevant evidence. In re Reina, D.C.S.D.N.Y., 170 F.Supp. 592, affirmed, United States v. Reina, 2 Cir., 273 F.2d 234; affirmed 81 S.Ct. 7. It is paradoxical to suggest that a court errs when it conducts a revocation of probation proceeding in public......
-
U.S. v. North
...a "hybrid" criminal contempt sentence was imposed in In re Reina, 170 F.Supp. 592 (S.D.N.Y.), aff'd sub nom. United States v. Reina, 273 F.2d 234 (2d Cir. 1959) (per curiam), aff'd, 364 U.S. 507, 81 S.Ct. 260, 5 L.Ed.2d 249 (1960). The Second Circuit did not discuss this aspect of the case.......
-
U.S. v. Liddy
...the date of judgment to purge himself of the contempt, in which case the two-year sentence would be vacated. Both the Second Circuit, 273 F.2d 234 (1959), and the Supreme Court, Reina v. United States, 364 U.S. 507, 81 S.Ct. 260, 5 L.Ed.2d 249 (1960), affirmed the contempt conviction and im......
-
In re Grand Jury Investigation, Misc. No. 70-140.
...States attorney, supported by affidavit of good faith; In re Reina, 170 F.Supp. 592 (S.D.N.Y.1959), aff'd. sub nom. United States v. Reina, 273 F.2d 234 (2d Cir. 1959) 364 U.S. 507, 81 S.Ct. 260, 5 L.Ed.2d 249 (1960) § 1406: application by United States attorney. It is quite clear from the ......