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Pagan v. United States
Citation: 6 F. App'x 86Docket: No. 01-6040
Court: Court of Appeals for the Second Circuit; April 19, 2001; Federal Appellate Court
The appeal filed by Ramon Pagan is dismissed due to a lack of jurisdiction. Pagan sought interlocutory review of a February 22, 2001 order from the District Court for the Eastern District of New York, which denied his motion to quash a grand jury subpoena issued on January 23, 2001. Pagan, a criminal defense attorney, represents two defendants, Andres Amonte and Guillermo Airo Perez, both charged with failing to file currency reports and making false statements in connection with the seizure of approximately $210,000 hidden in aerosol cans as they attempted to leave the U.S. for the Dominican Republic in September 2000. The government issued the subpoena to compel Pagan to testify and provide billing information related to Perez’s work on Amonte’s case. Pagan argued that complying would violate his clients' Sixth Amendment right to counsel and that the subpoena was improperly aimed at discovery just before trial. However, the court found it lacked appellate jurisdiction for this interlocutory appeal, as orders enforcing subpoenas are generally not immediately appealable under 28 U.S.C. § 1291. Furthermore, neither of Pagan's clients intervened to assert any privileges or rights that would warrant an immediate appeal. The court also noted that Pagan has not faced contempt for defying the order, which would have provided a basis for appeal. Even if the appeal were properly before them, the court concluded that Pagan did not demonstrate that the district court abused its discretion in denying the motion to quash. Therefore, the appeal is dismissed.