UNITED STATES v. FORTIN

No. 81-5725.

685 F.2d 1297 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Janice FORTIN and Richard Fortin, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 16, 1982.


Attorney(s) appearing for the Case

Federico A. Moreno, Miami, Fla., court appointed, for defendants-appellants.

James McMaster, Asst. U. S. Atty., James McAdams, III, Miami, Fla., for plaintiff-appellee.

Before VANCE and ANDERSON, Circuit Judges, and ALLGOOD, District Judge.


PER CURIAM:

Appellants have been convicted of criminal contempt for refusing to testify in the criminal trial of one Donald Ward. At issue here is the question of whether or not their refusal to testify was protected by their privilege against self-incrimination under the Fifth Amendment. We hold that their refusal was protected and therefore reverse their convictions.

In May of 1981, appellants pled guilty in a federal district court in Georgia to

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