# Ernest James Castro v. United States

> Court of Appeals for the Fifth Circuit · June 8, 1965 · 346 F.2d 684

URL: https://www.frixlaw.com/law-library/cases/268241

## Case

- **Full name:** Ernest James CASTRO, Appellant, v. UNITED STATES of America, Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** June 8, 1965
- **Citations:** 346 F.2d 684; 1965 U.S. App. LEXIS 5312
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Brown, Gewin, Kilkenny, Per Curiam
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/268241

## Opinion text

PER CURIAM.
Appellant was convicted of contempt for refusing to testify before a federal grand jury, although granted immunity from prosecution in the federal and state courts under Title 18 U.S.C.A. 1406. His petition for habeas corpus, which was treated by the district court as a motion to vacate sentence under Title 28 U.S.C.A. 2255, was denied, and he appeals. His privilege against self-incrimination under the Fifth Amendment was not violated. The privilege falls in the face of the immunity statute, which is constitutional. Reina v. United States,
*685
364 U.S. 507 , 81 S.Ct. 260 , 5 L.Ed.2d 249 (1960); Piemonte v. United States, 367 U.S. 556 , 81 S.Ct. 1720 , 6 L.Ed.2d 1028 (1961); cf. Murphy v. Waterfront Comm., 378 U.S. 52 , 84 S.Ct. 1594 , 12 L.Ed.2d 678 (1964). The recent case of Malloy v. Hogan, 378 U.S. 1 , 84 S.Ct. 1489 , 12 L.Ed.2d 653 , relied upon by appellant, is inapposite. It was concerned with a state prosecution and did not involve a promise of immunity.
The judgment is affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/268241. Public record. Not legal advice.