304 F2d 885 United States v. Rinieri

304 F.2d 885

UNITED STATES of America, Appellee,
v.
Antoine RINIERI, Defendant-Appellant.

No. 401.

Docket 27685.

United States Court of Appeals Second Circuit.

Argued July 24, 1962.

Decided July 31, 1962.

Appellant, summarily convicted in the Eastern District of New York of contempt of court for failure to answer questions before a Grand Jury, appeal presently pending, moved for an order requiring the United States, which had seized funds of appellant under a jeopardy income tax assessment and levy, to release a portion of the funds for payment of counsel in the contempt proceeding. From an order of Judge Mishler denying such relief, Rinieri appeals.

C. Joseph Hallinan, Jr., New York City, for defendant-appellant.

Joseph P. Hoey, U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (Joseph J. Marcheso, Asst. U. S. Atty., of counsel), for appellee.

Before SMITH, HAYS and MARSHALL, Circuit Judges.

PER CURIAM.

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No ground for the relief sought appearing in the record made before Judge Mishler, the order appealed from is affirmed.