US v. Allmon, No. 09-1440

Defendant's conviction and sentence for contempt of court due to his assertion of the Fifth Amendment and refusal to testify in a criminal trial against his cousins are affirmed where: 1) defendant failed to establish a threat of future prosecution; and 2) a witness may not assert the Fifth Amendment privilege when his fear of perjury arises out of his current refusal to testify truthfully and thus risk committing perjury at the present proceeding.

Read US v. Allmon, No. 09-1440

Appellate Information

Submitted: December 18, 2009

Filed: February 10, 2010

Judges

Opinion by Judge Melloy