United States v. Robert MacKey

On May 4, 1981, the judges of this motion panel affirmed the district court’s contempt order. We indicated that an opinion would follow.

This appeal was taken under 28 U.S.C. § 1826 from a district court order holding MacKey, a defendant in a Sherman Act price-fixing case, in contempt for his refusal to produce documents subpoenaed by the government. MacKey asserted a Fifth Amendment privilege and also argued that the government had not met its burden of showing need and relevancy under Fed.R. Crim.P. 17(c).

We find that the documents subpoenaed are corporate rather than personal in nature and we reject the Fifth Amendment claim. Further, because the documents are relevant and admissible under the facts of this case, they are properly discoverable. The district court’s order finding MacKey in contempt is affirmed.

FACTS

A federal grand jury indicted Beven-Her-ron, Inc. and a competitor for price-fixing in violation of section 1 of the Sherman Act, 15 U.S.C. § 1 . The indictment charged the defendants with conspiring to rig bids and prices in the panelized roofing construction industry in southern California. Robert MacKey, a vice-president and general manager of Beven-Herron,…