Bodwell

United States v. Bodwell

Good Law
66 F.3d 1000·1995 WL 551935
United States Court of Appeals for the Ninth CircuitJune 28, 1995No. 95-15987California1,303 words

Opinion

Lead Opinion

Ronald L. Bodwell appeals the district court’s order holding him in civil contempt *1001 and imposing the sanction of imprisonment for failure to comply with an Internal Revenue Service (IRS) summons under 26 U.S.C. §§ 7602 and 7604.

Bodwell contends the district court abused its discretion by denying his claim of the Fifth Amendment privilege against self-incrimination for failure to properly raise the claim in the summons enforcement proceedings without providing him with an opportunity to assert the privilege on a question-by-question basis or an in camera hearing on the merit of the claim. Bodwell also contends the district court abused its discretion by failing to appoint counsel for him until late in the contempt proceedings or to consider a less coercive sanction such as a fine.

We have jurisdiction under 28 U.S.C. § 1291 . In re Dual-Deck Video Cassette Antitrust Litigation, 10 F.3d -698, 695 (9th Cir.1993). We review the district court’s civil contempt order for an abuse of discretion. Id. We vacate the district court’s order and remand for an in camera hearing .where Bod-well may assert his Fifth Amendment claim on a question-by-question basis, and for a determination…

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