United States v. Albert B. Snyder

Snyder appeals from a judgment of conviction under nine counts of a ten-count indictment. Count one charged a violation of 18 U.S.C. § 401 , willful and knowing disobedience of a lawful court order. He refused to testify as a witness in a federal case, after being granted immunity and ordered to testify. Counts two through ten each charged a violation of 18 U.S.C. § 1621 , perjury. Each count involved specific perjurious testimony before a federal grand jury. In a court trial, Snyder was found guilty on all counts except count nine.

Snyder does not attack the sufficiency of the evidence on any of the counts. He challenges the district court’s failure to grant motions to suppress certain evidence and to dismiss the indictment. In addition he alleges that the judgment imposed violates the Fifth and Eighth Amendments to the Constitution.

THE FACTS

Snyder was one of many witnesses subpoenaed to appear before a federal grand jury which was investigating interstate activities involving cheating at cards at the Friars Club in Los Angeles. For background, see Gebhard v. United States, 9 Cir., 1970, 422 F.2d 281 . Snyder appeared before the grand jury on September 14, 1967, and…