concurring:
I am satisfied that Judge Pierce’s persuasive reasoning in United States v. Midland Asphalt Corp., 840 F.2d 1040, 1045-46 (2d Cir.1988), will not be rejected by the Supreme Court. In any event, unless and until it is, the Midland decision is binding on this Court. Moreover, even if Judge Walker’s decision to defer in the instant case were appealable, I would hold on the merits that the decision was made for good cause, since the district court felt that “the trial record would enable the Court to better determine whether [the appellant’s] Fifth Amendment rights were infringed.” See United States v. Williams, 644 F.2d 950, 952-53 (2d Cir.1981); United States v. Nemes, 555 F.2d 51 (2d Cir.1977); 3A Wright, Federal Practice and Procedure: *271Criminal § 194 (1982); Fed.R.Crim.P. 12(e).