# In the Matter of Sylvia Jane Brown, a Witness Before the United States Grand Jury v. United States

> Court of Appeals for the Ninth Circuit · September 27, 1972 · 465 F.2d 371

URL: https://www.frixlaw.com/law-library/cases/305134

## Case

- **Full name:** In the Matter of Sylvia Jane BROWN, a Witness Before the United States Grand Jury, Appellant, v. UNITED STATES of America, Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** September 27, 1972
- **Citations:** 465 F.2d 371
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Browning, Ely, Goodwin, Per Curiam
- **Cited by:** 8 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/305134

## Opinion text

PER CURIAM:
After argument in this court of her appeal from an order adjudging Sylvia Jane Brown in contempt for refusing to testify before a grand jury, the United States Supreme Court handed down Gelbard v. United States, 408 U.S. 41 , 92 S.Ct. 2357 , 33 L.Ed.2d 179 (1972), reversing United States v. Gelbard, 443 F.2d 837 (9th Cir. 1971); Reed v. United States, 448 F.2d 1276 (9th Cir. 1971); Olsen v. United States, 446 F.2d 912 (9th Cir. 1971); and Bacon v. United States, 446 F.2d 667 (9th Cir. 1971).
Because
Gelbard
now requires a remand to the district court for a factual determination on the alleged use by the government of illegal electronic eavesdropping, it is not now necessary to decide the other issues tendered in this appeal.
The appellant has been at liberty upon a stay granted by this court, and, accordingly, no one has been prejudiced by the limitations of the thirty-day period set forth in 28 U.S.C. § 1826 . Once again, we express no opinion upon the constitutional question that might be presented if a party insists upon a final decision within such a time frame.
See
Charleston v. United States, 444 F.2d 504 (9th Cir.), petition for cert. dismissed, 404 U.S. 916 , 92 S.Ct. 241 , 30 L.Ed.2d 191 (1971).
Reversed and remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/305134. Public record. Not legal advice.