Opinion

United States v. Andimo Pappadio

  • 346 F.2d 5
  • 1965 U.S. App. LEXIS 5469
Court
Court of Appeals for the Second Circuit
Filed
May 24, 1965
Status
Published
Author
Medina
On the bench
Medina, Lumbard, Marshall
Cited by
24 cases
Authority
More cited than 24.7%

Vacated on other grounds by Shillitani v. United States, 384 U.S. 364 (1966)

upholding criminal contempt conviction after the defendant refused to answer, “Where did the meetings [with the attorneys] take place?” despite the Court’s denial of the privilege claim over the answer

How later courts described this case

  • upholding criminal contempt conviction after the defendant refused to answer, “Where did the meetings [with the attorneys] take place?” despite the Court’s denial of the privilege claim over the answer
  • information not relating to subject matter of meetings not protected by attorney-client privilege and for the same reason did not interfere with right to effective representation of counsel
  • prosecution following grant of immunity

Written by the judges who cited it.

The opinion

MEDINA, Circuit Judge

(concurring and in part dissenting).

I agree with my brothers of the majority on all points except the sentence to a period of two years imprisonment. This, in my opinion, is too much. We have held that this Court has power to reduce the period of imprisonment meted out for a contempt of court, see United States v. Levine, 2 Cir. 1961, 288 F.2d 272 , applying the unambiguous mandate of Brown v. United States, 1959, 359 U.S. 41, 52 , 79 S.Ct. 539 , 3 L.Ed.2d 609 , and I would reduce appellant’s sentence to one year instead of two. I realize that this Court has upheld sentences of two years in similar cases, but I wish to register my dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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