In Re Grand Jury Proceedings. Thomas McKay Witness-Appellant v. United States

21 F.3d 1113 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas McKAY, Witness-Appellant, v. UNITED STATES of America, Appellee. No. 94-55266. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 5, 1994. Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Thomas McKay appeals pursuant to 28 U.S.C. Secs. 1291 and 1826 from an order holding him in contempt for refusing to testify before the grand jury. 3 McKay is a percipient witness to a possible violation of federal law by the target of the grand jury's investigation. 1 McKay moved to quash the subpoena issued by the grand jury, which the district court denied on January 28, 1994. Thereafter, McKay refused to testify before the grand jury and was held in contempt on February 28, 1994. 4 McKay contends the district court should have quashed the subpoena because the prosecutor has used the subpoena for an improper purpose, and he…