Summary
affirming contempt order for failure to comply with subpoena duces tecum and wilfully violating district court's order to produce documents
Summary of this case from Alcalde v. Nac Real Estate Investments & Assignments, Inc.Opinion
No. 85-3161.
Argued and Submitted July 7, 1986.
Decided September 2, 1986.
John J. Powers, III, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.
John S. Ransom, Ransom, Blackman Simson, Portland, Or., for defendant-appellant.
Appeal from the United States District Court for the District of Oregon.
Before WALLACE, FERGUSON, and NORRIS, Circuit Judges.
The opinion of the United States Court of Appeals, was withdrawn from the bound volume and will be republished as amended.
ORDER
Metropolitan Disposal Corporation (MDC) appeals its conviction of criminal contempt for willfully failing to comply with a grand jury subpoena duces tecum and wilfully violating the district court's order to produce certain business documents. We have jurisdiction pursuant to 28 U.S.C. § 1291.
MDC contends that the district judge erred as a matter of law in concluding that reckless disregard of the subpoena and order to produce documents supported a conviction of criminal contempt. The district judge, however, did not find MDC guilty of criminal contempt based on reckless disregard. Rather, the district judge considered all of the evidence, see United States v. Metropolitan Disposal Corp., 622 F. Supp. 1262 (D.Or. 1985), and properly inferred from the evidence that MDC willfully violated the subpoena and order. See United States v. Baker, 641 F.2d 1311, 1317 (9th Cir. 1981). We conclude that the district judge's finding of willfulness was not clearly erroneous. See id.
AFFIRMED.