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UNITED STATES v. WILSON

No. 73-1162.

421 U.S. 309 (1975)

95 S.Ct. 1802

44 L.Ed.2d 186

UNITED STATES v. WILSON ET AL.

Supreme Court of United States.

Decided May 19, 1975.

Attorney(s) appearing for the Case

Gerald P. Norton argued the cause for the United States. On the brief were Solicitor General Bork, Assistant Attorney General Petersen, Deputy Solicitor General Frey, and William L. Patton.

Sheila Ginsberg argued the cause for respondent Wilson. With her on the brief were William E. Hellerstein and Phylis Skloot Bamberger. John S. Martin, Jr., argued the cause and filed a brief for respondent Bryan.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to decide whether a district court may impose summary contempt punishment under Fed. Rule Crim. Proc. 42 (a)1 when a witness who has been granted immunity, refuses on Fifth Amendment grounds to testify. The Court of Appeals held that in such circumstances a judge cannot dispose of the contempt summarily, but must proceed under Rule 42 (b),

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