Case Under Seal, No. 10-2005 (1st Cir. 2011)
Annotate this CaseThe defendant, serving a sentence in state prison, was ordered to testify in federal court under a grant of immunity. He refused, a civil contempt order issued, and he was placed in federal prison. The district court held that his state sentence would not run concurrently during his federal incarceration. The First Circuit affirmed. The recalcitrant witness law, 28 U.S.C. 1826, does not directly address the issue, but the federal contempt sanction would be less effective if it effectively reduced a state sentence.
The court issued a subsequent related opinion or order on April 7, 2011.
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