United States Fourth Circuit

Defendant's actions - an outburst in court during sentencing - constituted only a single contempt offense under 18 U.S.C.A. section 401, thus two of defendant's three contempt convictions and sentences are vacated.

Appellate Information

• Decided 04/16/2003
• Published 04/16/2003

Judges

• Before WILKINS, Chief Judge, MOTZ, Circuit Judge, and BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeanette Doran Brooks, Research and Writing Attorney, Raleigh, North Carolina, for Appellant.  Michael Gordon James, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant.  Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.