In Re Grand Jury Proceedings. Frank Luca, Dba Luca & Associates v. United States

82 F.3d 423 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank LUCA, dba Luca & Associates, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-17184. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 13, 1996. Decided March 11, 1996. Before: REINHARDT, THOMPSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Frank Luca dba Luca & Associates (Luca) filed a miscellaneous action in the district court and moved for the issuance of an order to show cause why certain persons connected with a federal grand jury investigation should not be held in contempt for improperly disclosing matters before the grand jury, in violation of Federal Rule of Criminal Procedure 6(e). He alleged the grand jury was being used impermissibly as an arm of the state, and he sought an evidentiary hearing. 3 The district court denied Luca's request for an order to show cause and for an evidentiary hearing. Luca…