SIMKIN V. UNITED STATES
715 F.2d 34 (2nd Cir. 1983)
NATURE OF THE CASE: Simkin (D) sought review of a decision which denied his application
for release from confinement for civil contempt as a recalcitrant grand jury witness
pursuant to 28 U.S.C.S. 1826.
FACTS: D pled guilty to one count of possessing with intent to distribute one-eighth of a
kilogram of cocaine. Prosecutors urged him to disclose his sources of supply and his
customers. In fear for his own safety and that of his mother and uncle, D resolutely refused
to furnish any information. On May 4, 1982, he was sentenced to a term of three years,
suspended after six months, probation for five years, and a special parole term of three
years. He began serving the six-month committed portion of the sentence on July 6, 1982. A
few weeks prior to his scheduled release, D was subpoenaed before a grand jury. D was
granted use immunity. 18 U.S.C. 6002 (1976). D asserted fear of reprisal upon himself and
family members if he divulged his drug suppliers and customers, and refused to answer
questions before the grand jury. On November 3, 1982, D was judged in civil contempt and
ordered confined until he testified, but in no event longer than the eighteen-month term of
the grand jury, which had been empaneled on September 22, 1982. The civil contempt sanction
would interrupt the criminal sentence D was then serving. D applied for termination of the
civil contempt sanction on December 19, 1982, and February 8, May 4, and June 29, 1983. D
was irrevocably committed not to answer the grand jury's questions and now claims that
continued incarceration was no longer coercive but instead had become punitive. All requests
for release were denied. This appeal was taken from the denial of the June 29 motion.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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