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IN RE HEIMERLE

No. CR 90-1051 (S-1).

788 F.Supp. 700 (1992)

In re Subpoena of James HEIMERLE. UNITED STATES v. John GOTTI and Frank Locascio, Defendants.

United States District Court, E.D. New York.

March 19, 1992.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., John Gleeson, Asst. U.S. Atty., for U.S.

Albert J. Krieger, Miami, Fla., for John Gotti.

John W. Mitchell, LaRossa, Mitchell & Ross, New York City, Anthony M. Cardinale, Boston, Mass., for Frank Locascio.

Christine E. Yaris, New York City, for James Heimerle.

AMENDED MEMORANDUM AND ORDER

GLASSER, District Judge:

James Heimerle moves to quash a subpoena commanding him to appear as a witness at trial. Heimerle, who is currently on probation, argues that the grant of statutory immunity he anticipates receiving is inadequate to protect his fifth amendment rights; specifically, Heimerle fears that his immunized testimony may be used against him in a future probation revocation proceeding. In the alternative, he argues...

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