United States Eleventh Circuit

Defendant's criminal contempt sentence is vacated where no single sentencing guideline applied to 18 U.S.C. section 401 because criminal contempt was an offense sui generis that could not be classified pursuant to 18 U.S.C. section 3559, and thus the district court erred in classifying criminal contempt as a Class A felony.

Appellate Information

• Decided 09/30/2009
• Published 09/30/2009

Judges

• PER CURIAM:, Before TJOFLAT and BLACK, Circuit Judges, and EVANS, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• J. David Bogenschutz, Bogenschutz & Dutko, P.A., Marc Fagelson, Ft. Lauderdale, FL, for Cohn., Anne R. Schultz, Asst. U.S. Atty., Maria Kostantina Medetis, Miami, FL, Phillip DiRosa, Ft. Lauderdale, FL, for U.S.