DE SIMONE
v.
UNITED STATES
Per Curiam.
The petition for writ of certiorari is granted. It appears from the Government’s suggestion of mootness and the memoranda filed in connection therewith that the petitioner is no longer in custody of the warden to whom the writ of habeas corpus ad testificandum was directed, and that the Government will take no further action under any order pursuant to which petitioner might be held in contempt.
Accordingly, the judgment of the Court of Appeals; the order of the District Court, issued May 29, 1959, directing the petitioner to appear before the grand jury; the order to show cause issued by the District Court on May 19, 1959; and the order of the District Court, entered April 3, 1959, denying the petitioner’s motion to quash the writ of habeas corpus ad testificandum, and directing him to appear before the grand jury oh April 9, 1959, are vacated. The cause is remanded to the District Court with instructions to dismiss the proceeding as moot.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (12 total)
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United States v. Leyva, 513 F.2d 774 (5th Cir. 1975)…on of criminal contempt proceedings not by indictment or information but by notice. United States v. United Mine Workers, 330 U.S. 258, 296, 67 S.Ct. 677, 91 L.Ed. 884 (1947); United States v. DeSimone, 267 F. 2d 741, 743 (2d Cir.), vacated as moot, 361 U.S. 125, 80 S.Ct. 253, 4 L.Ed.2d 167 (1959); Bullock v. United States, 265 F. 2d 683, 691 (6th Cir.), cert. denied, 360 U.S. 909, 79 S.Ct. 1294, 3 L.Ed.2d 1260 (1959). Rather than being an innovation dispensing with the necessity of an indictment for crimin…
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In re Wm. Bryan Osborne, 344 F.2d 611 (9th Cir. 1965)…e or imprisonment (18 U.S.C. § 401), and not both. The statute so says, and being criminal, must be strictly construed. In re Bradley, 318 U.S. 50, 63 S.Ct. 470, 87 L.Ed. 500 (1943); United States v. De Simone, 267 F. 2d 741 (2d Cir.), cert. granted 361 U.S. 125, 80 S.Ct. 253, 4 L.Ed.2d 167 (1959) (cause remanded with instructions to dismiss the proceedings as moot); MacNeil v. United States, 236 F. 2d 149, 61 A.L.R.2d 1075 (1st Cir.), cert. denied 352 U.S. 912, 77 S.Ct. 150, 1 L.Ed.2d 119 (1956); Ex Parte…
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United States v. Morales, 566 F.2d 402 (2d Cir. 1977)…ntempt to the grand jury lacks merit. Many cases have tacitly or explicitly recognized the power of grand juries to hand down indictments charging criminal contempt. E. g., United States v. DeSimone, 267 F. 2d 741, 743-44 (2d Cir.), vacated as moot, 361 U.S. 125, 80 S.Ct. 74, 4 L.Ed.2d 70 (1959) (grand jury presentment); Steinert v. United States District Court, 543 F. 2d 69, 70-71 (9th Cir. 1976); United States v. Mensik, 440 F. 2d 1232 (4th Cir. 1971) (per curiam); United States v. Sternman, 415 F. 2d 116…
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