In Re Grand Jury Proceedings. David Z. Chesnoff, Witness-Appellant v. United States

Good Law
13 F.3d 1293·1994 WL 5503
United States Court of Appeals for the Ninth CircuitJanuary 12, 199493-17012California1,237 words

Opinion

Opinion

ORDER

The memorandum disposition filed December 2, 1993 is redesignated as a per curiam opinion.

OPINION

David Z. Chesnoff appeals the district court’s judgment of contempt for his refusal to testify before the grand jury. We have jurisdiction under 28 U.S.C. §§ 1291 and 1826(a).' We review the district court’s adjudication of civil contempt for abuse of discretion, In re Grand Jury Proceedings (Lahey), 914 F.2d 1372, 1373 (9th Cir.1990), and we affirm.

A witness who refuses without just cause to comply with an order of the court to testify before the grand jury may be held in civil contempt. 28 U.S.C. § 1826 .

Fifth Amendment

Chesnoff asserts his Fifth Amendment right against self-incrimination as just cause for his refusal to testify.

The Fifth Amendment guarantees that no person shall be compelled in any criminal case to be a witness against himself. “This provision of the Amendment must be accorded liberal construction in favor of the right it was intended to secure.” Hoffman v. United States, 341 U.S. 479, 486 , 71 S.Ct. 814, 818 , 95 L.Ed. 1118 (1951). However, the assertion of this privilege is guided by strict standards. See id. The Ninth Circuit has articulated…

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