In Re Grand Jury Proceedings. Kimberly Trimiew, Witness-Appellant v. United States
Opinion
Opinion
ORDER
The district court held Witness/Appellant Kimberly Trimiew in contempt of court and ordered her confined for refusing to answer questions before the grand jury. The district court also denied Trimiew’s motion for bail pending appeal. Trimiew filed a timely notice of appeal.
Trimiew now moves for bail pending appeal in this court. Under the recalcitrant witness statute, no person confined pursuant to an order of civil contempt shall be admitted to bail pending appeal if it appears that the appeal is frivolous or taken for purposes of delay. 28 U.S.C. § 1826 (b); In re Grand Jury Proceedings (Goodman), 825 F.2d 224 (9th Cir.1987).
In denying the motion for bail, the district court found that the appeal was not frivolous or entered for purposes of delay. The district court nevertheless denied bail because it applied the “substantial question” test for bail pending appeal in a direct criminal ap peal. The district court applied the wrong test. See 18 U.S.C. § 3143 (b).
Trimiew contends that she is a target of grand juries in Oregon, Eastern Washington and possibly three other districts. Trimiew states that her appeal will urge that she is entitled to Fifth Amendment…