Opinion · Court of Appeals for the Ninth Circuit

United States v. Michael Polizzi

United States v. Michael Polizzi, 450 F.2d 880 (9th Cir. 1971)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1971-10-18
Topic
general

PER CURIAM: Under the unique circumstances of this ease, Michael Polizzi was not guilty of willful disobedience of a subpoena to appear before a federal grand jury on the date therein specified. It was therefore error to adjudge Polizzi guilty of criminal contempt pursuant to 18 U.S.C. § 401(3), and to impose a fine of $7,500. Reversed.

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Cited by
4 opinions
UNITED STATES v. POLIZZI,450 F.2d 880(9th Cir. 1971)
UNITED STATES OF AMERICA, APPELLEE, v. MICHAEL POLIZZI, APPELLANT.
No. 71-1341.
United States Court of Appeals, Ninth Circuit.
October 18, 1971.
Edward P. George, Jr. (argued), of Allen, Wilson George, Long Beach, Cal., Edward I. Pollock (argued), of Pollock, Pollock, Fay Baum, Los Angeles, Cal., Leonard Sacks, Pico Rivera, Cal., for appellant.

Alan Friedman, Asst. U.S. Atty. (argued), David R. Nissen, Asst. U.S. Atty., Robert L. Meyer, U.S. Atty., Los Angeles, Cal., for appellee.
Appeal from the United States District Court for the Central District of California; A. Andrew Hauk, Judge,323 F. Supp. 222.
Before HAMLEY, HAMLIN and KILKENNY, Circuit Judges.
PER CURIAM:
[1] Under the unique circumstances of this case, Michael Polizzi was not guilty of willful disobedience of a subpoena to appear before a federal grand jury on the date therein specified. It was therefore error to adjudge Polizzi guilty of criminal contempt pursuant to18 U.S.C. § 401(3), and to impose a fine of $7,500.

[2] Reversed.Page 883