United States v. Kohn ( 1999 )

USCA1 Opinion

       [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 98-1954



                          UNITED STATES,



                            Appellee,



                                v.



                          MICHAEL KOHN,

                   a/k/a Carlos Santiago Reyes,



                      Defendant, Appellant.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF PUERTO RICO



          [Hon. Jose Antonio Fuste, U.S. District Judge]







                              Before



                      Lynch, Circuit Judge,

                 Bownes, Senior Circuit Judge,

                   and Lipez, Circuit Judge.









     Michael Kohn on brief pro se.

     Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco,

Assistant United States Attorney, and Edna C. Rosario-Munoz,

Assistant United States Attorney, on brief for appellee.









MAY 26, 1999













            Per Curiam.  After carefully considering the briefs

  and record on appeal, we affirm the order below.  Subpoenas may

  not be used as vehicles for discovery.  United States v. Nixon,

  418 U.S. 683, 698 (1974); Bowman Dairy Company v. United

  States, 341 U.S. 214, 218 (1951).  Like other orders, they may

  not be issued except in the context of some proceeding or

  investigation which brings the matter legitimately before the

  court.  In the Matter of Providence Journal Company, 820 F.2d

  1342, 1347 (1st Cir. 1986).

            Affirmed.  Loc. R. 27.1.