In Re Grand Jury Proceedings Stephen Douglas Reid, Witness-Appellant

Witness-appellant Reid appeals from a judgment of the district court holding him in civil contempt, pursuant to the provisions of 28 U.S.C. § 1826 (a), for refusal without just cause to testify before a grand jury. Our jurisdiction is based upon 28 U.S.C. §§ 1291 and 1294.

Appellant contends that he had just cause for his refusal. We hold he did not. Appellant’s contention rests on his assertion that questions put to him are based at least in part on information obtained from appellant’s attorney in violation of the attorney-client privilege during questioning of the attorney before the grand jury. Appellant does not contend that to answer the questions to which he has refused to respond will necessitate a violation of the attorney-client privilege. Appellant offers no proof of his assertion other than the fact that his attorney gave testimony before the grand jury. Relying on In re Grand Jury Investigation of Hipes, 603 F.2d 786 (9th Cir. 1979), appellant argues that his proof is sufficient to impose upon the government the burden of proving that the questions appellant refuses to answer are not based, in whole or in part, upon information obtained from his attorney in violation…