In what circumstances will a federal court award a monetary penalty for failing to comply with a grand jury subpoena?

MultiRegion, United States of America

The following excerpt is from U.S. v. Flores, 628 F.2d 521 (9th Cir. 1980):

We acknowledge that the district court "should apply the least coercive sanction (e. g., a monetary penalty) reasonably calculated to win compliance with its orders." Matter of Grand Jury Impanelled January 21, 1975 (Freedman), 529 F.2d 543, 551 (3d Cir.), cert. denied, 425 U.S. 992, 96 S.Ct. 2203, 48 L.Ed.2d 816 (1976). However, it is also true that we defer considerably to the judgment of the district court in fashioning the appropriate sentence because of its proximity to the events out of which the contempt springs. Its judgment will be disturbed only if it has abused its discretion. United States v. Asay, 614 F.2d 655, 660 (9th Cir. 1980); Shibley v. United States, 236 F.2d 238 (9th Cir.), cert. denied, 352 U.S. 873, 77 S.Ct. 98, 1 L.Ed.2d 125 (1956). We find no abuse of discretion here. The district court could reasonably conclude that only the sentence imposed could reasonably be expected to secure compliance.

Affirmed.

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