Nicolo Licata v. United States

This is an appeal from an order of the United States District Court adjudging Nicolo Licata guilty of contempt for refusing to answer questions before a Federal Grand Jury after he had been granted immunity under 18 U.S.C. § 2514 .

When Licata initially refused to testify, the U.S. Attorney, upon application to the District Court, secured an order granting immunity. 18 U.S.C. § 2514 . However, Licata still refused to testify, whereupon he was returned to the District Court and, following an evidentiary hearing, was found to be in contempt and committed to the custody of the Attorney General until he obeys the court's order.

This court’s recent holding in Carter v. United States, 417 F.2d 384 (9th Cir. 1969) resolves any doubts as to the constitutionality of 18 U.S.C. § 2514 . We there held that the immunity granted by that provision is as broad as the privilege against self-incrimination; thus we reject Licata’s assertion that the statute was too narrow in its reach and, therefore, constitutionally infirm. Nor are we persuaded that the order instructing Licata to testify issued in derogation of any substantive or procedural right he enjoyed. Section 2514 suggests, and we…