In Re Grand Jury Proceedings, Gustave Alba and Nancy Alba, Witnesses-Appellants v. United States

19 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 PROCEEDINGS, Gustave ALBA and Nancy Alba, Witnesses-Appellants, v. UNITED STATES of America, Appellee. No. 94-15227. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 9, 1994. 1 Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges 2 MEMORANDUM ** 3 Nancy Alba and Gustave Alba appeal the district court's adjudication of contempt for their refusal to testify before the grand jury. 1 The Albas claim that the district court erred by failing to accept their claims of an adverse testimony spousal privilege and a confidential marital communication privilege. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 2 4 We review the district court's adjudication of civil contempt for an abuse of discretion. United States v. Grant, 852 F.2d 1203, 1204-1205 (9th Cir.1988). 5 The adverse testimony spousal privilege differs from the confidential marital…