In Re: Federal Grand Jury v. ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1041
In Re: Federal Grand Jury Proceedings
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (1:06-dm-00399-LMB)
Submitted: May 23, 2007 Decided: July 12, 2007
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Patrick J. Hanley, Covington, Kentucky; Sean C. E. McDonough,
HUDGINS LAW FIRM, Alexandria, Virginia, for Appellant. Chuck
Rosenberg, United States Attorney, Thomas H. McQuillan, Assistant
United States Attorney, Olivia Hussey, Special Assistant United
States Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
This is an appeal from the district court’s order
granting the Government’s motion to compel compliance with the
subpoena duces tecum and denying Intervenor-Appellant’s motion to
quash grand jury subpoenas. Finding no abuse of discretion, we
affirm.
We find the district court did not abuse its discretion
in finding that the Government made a prima facie showing that the
crime-fraud exception applied and that the defendant waived in part
the attorney-client privilege. In re Grand Jury Proceedings #5
Empaneled January 28, 2004, 401 F.3d 247, 254 (4th Cir. 2005)
(stating standard of review).
Accordingly, we affirm the district court’s order
granting the Government’s motion to compel compliance with the
subpoena duces tecum and denying Intervenor-Appellant’s motion to
quash grand jury subpoenas. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
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