In Re Grand Jury Proceedings. United States of America v. Victor Mena

Mena appeals the district court’s order holding him in contempt for his failure to testify before a federal grand jury after having been granted “use” immunity pursuant to 18 U.S.C. § 6002 . We affirmed the contempt order on October 14, 1981 and now set forth the basis for our affirmance.

Mena was convicted on 31 counts of a 34-count indictment charging him with con spiracy, bribery, false statements to a Government agency, and theft of Government funds. After his conviction, Mena was served with a subpoena requiring him to testify before a federal grand jury. The district court granted Mena “use” immunity for his testimony pursuant to 18 U.S.C. § 6002 . Mena appeared before the grand jury and, asserting his Fifth Amendment privilege against self-incrimination, refused to testify.

A contempt hearing was held in the district court regarding Mena’s refusal to testify. Mena contended that he had just cause to refuse to testify because the federal grant of immunity did not adequately protect him against the use of his testimony in any subsequent state prosecution. The district court rejected this defense and held Mena in contempt. Mena filed a notice of appeal pursuant to 28 U.S.C.…