United States v. Philip Charles Testa

326 F.2d 730

Opinions

PER CURIAM.

Pleading privilege against self-incrimination, appellant refused to answer certain questions put to him as a witness before a grand jury. Brought before the court below, he persisted in this refusal despite the court’s explanation to him that pursuant to 47 U.S.C. § 409(1), he would be immune from any prosecution by reason of any testimony he might-give. After the appellant in the presence of the court had categorically refused to obey the court’s command, the court ordered him committed to prison until he should purge himself by obeying the court. This appeal followed.

In the light of our decision in Marcus v. United States, 310 F.2d 143 (C.A.3, 1962), we find no merit in any of the arguments advanced by appellant. Accordingly, the judgment will be affirmed but without prejudice to the right of the appellant to apply to the district court, for such relief as may be necessary and proper in the light of any events which have occurred since the imposition of' sentence.

Before BIGGS, Chief Judge, and McLAUGHLIN, KALODNER, STALEY,. HASTIE, GANEY and SMITH, Circuit. Judges.