The exception from immunity for perjury and false statements in § 6002 is not so restricted. The failure of the use immunity statute to provide for immunity for past acts of perjury and false statement constitutes a defect that is laden with constitutional significance. The Ninth Circuit reaffirmed its holding in Kronick in United States v. Gebhard, 426 F.2d 965 (9th Cir. 1970). The witness had been granted immunity under a broad transactional immunity statute which provided that:
The Marcus language, although dictum, clearly and unequivocally states that once immunity has been granted, the witness is entitled to protection with respect to any facet of his compelled testimony. In United States v. Gebhard, 426 F.2d 965 (9 Cir. 1970), the defendant, after having been granted immunity under 47 U.S.C. § 409 (l), had refused to testify as a witness at a perjury trial. He was held in contempt.
See text supra at note 8.Bullock v. United States, 265 F.2d 683, 695 (6th Cir.), cert. denied, 360 U.S. 909, 79 S.Ct. 1294, 3 L.Ed.2d 1260 (1959); United States v. Hawkins, 501 F.2d 1029, 1031 (9th Cir.), cert. denied, 419 U.S. 1079, 95 S.Ct. 668, 42 L.Ed.2d 674 (1974); United States v. Gebhard, 426 F.2d 965, 968 (9th Cir. 1970). See also cases cited supra note 36.
The cases hold that successive contempts are punishable as separate offenses. United States v. Gebhard, 426 F.2d 965, 968 (9th Cir. 1970); United States v. Hawkins, 501 F.2d 1029, 1031 (9th Cir. 1974); Bullock v. United States, 265 F.2d 683 (6th Cir.), cert. denied, 360 U.S. 909, 79 S.Ct. 1294, 3 L.Ed.2d 1260 (1950); Tobin v. Pielet, 186 F.2d 886 (7th Cir. 1951). A further reason should be mentioned. Appellant received identical sentences to be served concurrently and thus he is not prejudiced. United States v. Wertis, 505 F.2d 683, 685 (5th Cir. 1974); United States v.Hale, 468 F.2d 435 (5th Cir. 1972); see, Hirabayashi v. United States, 320 U.S. 81, 105, 63 S.Ct. 1375, 1387-1388, 87 L.Ed. 1774, 1778 (1943); Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969); United States v. Tager, 479 F.2d 120 (10th Cir. 1973), cert. denied, 414 U.S. 1162, 94 S.Ct. 924, 39 L.Ed.2d 115 (1974).
"It is well established that separate successive contempts are punishable as separate offenses." United States v. Gebhard, 426 F.2d 965, 968 (9th Cir. 1970), and cases cited therein. Thus, the criminal contempt citation for Hawkins' first refusal to provide exemplars was wholly separable from the civil contempt citation for his second refusal.
Our court took notice of both United Mine Workers and Gompers in Tobin v. Pielet, 7 Cir., 186 F.2d 886, 888-890 (1951), written by the late Chief Judge Major. Pielet was cited in Bullock v. United States, 6 Cir., 265 F.2d 683, 695, cert. denied, 360 U.S. 909, 79 S.Ct. 1294, 3 L.Ed.2d 1260 (1959), where Chief Judge Allen stated: "Successive and separate contempts are punishable as separate offenses," citing Jennings v. United States, 8 Cir., 264 F. 399, 406 (1920). Further, in United States v. Gebhard, 9 Cir., 426 F.2d 965, 968 (1970), the court held a plea of double jeopardy to be groundless since "[i]t is well established that separate successive contempts are punishable as separate offenses," citing Bullock and Pielet, supra. Finally, in Yates v. United States, 355 U.S. 66, 74-75, 78 S.Ct. 128, 133, 2 L.Ed. 2d 95 (1957), Mr. Justice Clark, speaking for the majority, wrote:
Separate, successive contempts are punishable as separate offenses. United States v. Gebhard, 426 F.2d 965, 968 (9th Cir. 1970); Bullock v. United States, 265 F.2d 683, 695 (6th Cir.), cert. denied, 360 U.S. 909, 79 S.Ct. 1294, 3 L.Ed.2d 1260 (1959); Donovan v. Superior Court, 39 Cal.2d 848, 250 P.2d 246 (1952); Blodgett v. Superior Court, 210 Cal. 1, 290 P. 293 (1930); Application of Stafford, 160 Cal.App.2d 110, 324 P.2d 967, cert. denied, 358 U.S. 913, 79 S.Ct. 242, 3 L.Ed.2d 233 (1958); 17 C.J.S. Contempt § 100 (1963). The final question to be decided is whether the conviction of Driscoll by Judge Traub can properly be permitted to stand, since the judgment of conviction does not expressly negative the possibility that the conviction was based, in whole or in part, upon the same misconduct for which Driscoll was summarily convicted of contempt and sentenced to jail by Judge Ryan, as above discussed.