Pickard

Pickard v. United States

Good Law
94 F. App'x 495
United States Court of Appeals for the Ninth CircuitMarch 24, 2004No. 03-10112California608 words

Opinion

Lead Opinion

MEMORANDUM *

Federal prisoner William Leonard Pickard (“Pickard”), intervenor, currently incarcerated in Kansas for manufacturing, possession and intent to distribute LSD, appeals the district court’s denial of his motion to quash a subpoena issued in a grand jury proceeding in the Northern District of California served on his attorney in the Kansas conviction, William Rork (“Rork”).

The subpoena seeks the production of documents concerning fee arrangements between Pickard and Rork to be used in an ongoing investigation of Pickard’s money laundering offenses in connection with his LSD operation. Because the district court did not abuse its discretion in concluding that the responsive documents were not protected by the attorney-client privilege, we affirm.

We have jurisdiction over the denial of the motion to quash under the finalorder exception laid down in Perlman v. United States, 247 U.S. 7 , 38 S.Ct. 417 , 62 L.Ed. 950 (1918), because Rork does not represent Pickard in the matter out of which the subpoena arose. See In re Bailin, 51 F.3d 203, 205 (9th Cir.1995). As such, Pickard is a third-party movant who could not adequately protect his own rights vis a vis the subpoena…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.