In Re Grand Jury Proceeding 90-5. Rufus Aylwin, Witness-Appellant v. United States

972 F.2d 1339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. IN re GRAND JURY PROCEEDING 90-5. Rufus AYLWIN, Witness-Appellant, v. UNITED STATES of America, Appellee. No. 92-15152. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 17, 1992. Decided July 24, 1992. Before FLETCHER, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Rufus Aylwin appeals the district court's denial of his motion to be released from civil contempt. Because the district court did not abuse its discretion in denying the motion, we affirm. 3 The district court found Aylwin in contempt on June 14, 1991 after determining that Aylwin had, without justification, refused to answer questions from the grand jury. In December, 1991, Aylwin moved to be released from contempt because, he claimed, the contempt sanction was no longer coercive. After appointing a psychiatrist to assist Aylwin, the court found that it was "not yet persuaded that continued confinement will fail to…