In Re Grand Jury Proceedings. Kimberly Trimiew, Witness-Appellant v. United States

Good Law
9 F.3d 1389·93 Daily Journal DAR 14417·1993 WL 468573·1993 U.S. App. LEXIS 29582·93 Cal. Daily Op. Serv. 8415
United States Court of Appeals for the Ninth CircuitNovember 12, 199393-35953California1,037 words

Opinion

Opinion

INTRODUCTION

Appellant Kimberly Trimiew appeals from the district court judgment holding her in contempt for refusing to testify before the grand jury. This court reviews the district court’s adjudication of civil contempt for abuse of discretion. United States v. Grant, 852 F.2d 1203, 1204-1205 (9th Cir.1988). This court has jurisdiction pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 1826 (a). We affirm.

BACKGROUND

On or about July 7, 1993, appellant Kimberly Trimiew was subpoenaed to testify before a grand jury in Spokane, Washington. On August 9, 1993, the district court signed an order granting Trimiew immunity, pursuant to 18 U.S.C. § 6002 . On August 10, 1993, Trimiew appeared before the grand jury. The Assistant United States Attorney attempted to question Trimiew regarding her alleged participation in bombings and other actions of the animal rights movement which occurred in jurisdictions other than the Eastern District of Washington. Trimiew invoked her Fifth Amendment privilege against self-incrimination and refused to testify.

Trimiew argued that because she is a target in a multi-district investigation, use and derivative use immunity were insufficient to…

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