United States v. Michael Irvin Canon
Opinion
Opinion
An immunized witness, Canon, appeals from an order of the District Court holding him in contempt for refusing to comply with an order that he answer certain questions put to him as a witness before a grand jury, and committing him to the custody of the Attorney General until he purges himself of the contempt or until the life of the grand jury expires.
Canon’s motion to strike from the record on appeal an affidavit filed by the government in the District Court on December 19, 1975, seven days after the Notice of Appeal was filed, and fourteen days after entry of the order appealed from, is granted. The affidavit was not before the District Court when it made its order and, therefore, is not a proper part of the record on appeal. We express no opinion as to the significance or effect of the affidavit in the District Court.
The law does not require that the District Court make the type of protective order or orders that Canon asked for, although the Court, in its discretion, could have done so. Cf. Goldberg v. United States, 472 F.2d 513, 516, n.5 (2nd Cir. 1973). In re Weir, 377 F.Supp. 919 (S.D.Cal.1974), aff’d 520 F.2d 662 (9th Cir. 1975).