Carmelia Urasaki v. United States District Court, Central District of California, United States of America, Real Party in Interest

Ninth Circuit

Carmelia Urasaki v. United States District Court, Central District of California, United States of America, Real Party in Interest

504 F.2d 513, 1974 U.S. App. LEXIS 6598

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 7, 1974

Docket74-2564

StatusPublished

Cited by7 cases

This text of 504 F.2d 513 (Carmelia Urasaki v. United States District Court, Central District of California, United States of America, Real Party in Interest) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carmelia Urasaki v. United States District Court, Central District of California, United States of America, Real Party in Interest, 504 F.2d 513, 1974 U.S. App. LEXIS 6598 (9th Cir. 1974).

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Opinion

PUBLISHED ORDER

“In passing upon an immunity application, the [district] court is confined to an examination of the application and the documents accompanying it for the purpose only of deciding whether or not the application meets the procedural and substantive requirements of the authorizing statute. (In re Russo (9th Cir. 1971) 448 F.2d 369; cf. Ullmann v. United States (1956) 350 U.S. 422 [434], 76 S.Ct. 497, 100 L.Ed. 511.)” Bursey v. United States (9th Cir. 1972), 466 F.2d 1059, 1073.

The immunity application in this case, together with its supporting documents, prima, facie complies with the statutory authority pursuant to which immunity was sought. The application contains the necessary request by the United States Attorney and approval by an Assistant Attorney General, who in this instance was designated by 28 C.F. R. § 0.175(a) as the person having authority thus conferred. We judicially notice that Henry E. Petersen, whose name appears on the authorization letter, was the Assistant Attorney General then in charge of the Criminal Division.

Adversary procedure is- not a part of the legislative scheme in connection with the district court’s performance of its limited duties in granting or denying the application for immunity. Adversary process does not commence until the grand jury seeks an order compelling the witness to respond to questions that he or she has refused to answer after a prior grant of immunity. (Bursey v. United States, supra, 466 F.2d at 1073-1075. Cf. Beverly v. United States (5th Cir. 1972), 468 F.2d 732, 746-747.) 1

The petition for writ of mandate is denied.

1

. The Government’s reliance (both before the district court and before us) on Licata v. United States (9th Cir. 1970), 429 F.2d 1177, is misplaced. Licata was vacated by the Supreme Court. (Licata v. United States (1970), 400 U.S. 938, 91 S.Ct. 239, 27 L.Ed.2d 243.)

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PUBLISHED ORDER

“In passing upon an immunity application, the [district] court is confined to an examination of the application and the documents accompanying it for the purpose only of deciding whether or not the application meets the procedural and substantive requirements of the authorizing statute. (In re Russo (9th Cir. 1971) 448 F.2d 369; cf. Ullmann v. United States (1956) 350 U.S. 422 [434], 76 S.Ct. 497, 100 L.Ed. 511.)” Bursey v. United States (9th Cir. 1972), 466 F.2d 1059, 1073.

The immunity application in this case, together with its supporting documents, prima, facie complies with the statutory authority pursuant to which immunity was sought. The application contains the necessary request by the United States Attorney and approval by an Assistant Attorney General, who in this instance was designated by 28 C.F. R. § 0.175(a) as the person having authority thus conferred. We judicially notice that Henry E. Petersen, whose name appears on the authorization letter, was the Assistant Attorney General then in charge of the Criminal Division.

Adversary procedure is- not a part of the legislative scheme in connection with the district court’s performance of its limited duties in granting or denying the application for immunity. Adversary process does not commence until the grand jury seeks an order compelling the witness to respond to questions that he or she has refused to answer after a prior grant of immunity. (Bursey v. United States, supra, 466 F.2d at 1073-1075. Cf. Beverly v. United States (5th Cir. 1972), 468 F.2d 732, 746-747.) 1

The petition for writ of mandate is denied.

1

. The Government’s reliance (both before the district court and before us) on Licata v. United States (9th Cir. 1970), 429 F.2d 1177, is misplaced. Licata was vacated by the Supreme Court. (Licata v. United States (1970), 400 U.S. 938, 91 S.Ct. 239, 27 L.Ed.2d 243.)

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504 F.2d 513, 1974 U.S. App. LEXIS 6598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carmelia-urasaki-v-united-states-district-court-central-district-of-ca9-1974.

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