In Re Grand Jury Proceedings. United States of America v. Allan Wolfe Pressman and Allen Lee Behan

After a grant of immunity pursuant to 18 U.S.C. § 6001 et seq. the appellants refused to testify before a grand jury and were found in contempt of court and ordered committed. They appeal the judgment of contempt.

Because both appellants were already in federal custody serving prison sentences when they were adjudicated to be in contempt of court, they seek to have the contempt judgments set aside so that their prison time will count toward their preexisting sentences.

The appellants assert two alleged defects in their contempt convictions:

(1) The Assistant Attorney General who signed the application for immunity pursuant to 18 U.S.C. § 6003 (b) had not been specifically designated as the Assistant Attorney General in charge of the Criminal Division. The trial court found, however, that the person who applied for the grant of immunity was in fact the designated person in charge of the Criminal Division. That factual finding answers the first contention. Urasaki v. United States, 504 F.2d 513 (9th Cir. 1974).

Moreover, the appellants have in fact been granted immunity and are enjoying the immunity at the present time. Their attempt to challenge the grant of immunity might have…