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United States Ninth Circuit


US v. Kimsey, 10-16800

On appeal of a nonlawyer's conviction for criminal contempt of court under 18 USC section 402 stemming from his "ghostwriting" of eight pleadings for a pro se litigant in a civil lawsuit, the conviction is reversed, where: 1) the defendant was not given the jury trial to which he was entitled under 18 USC sections 402 and 3691; and 2) local court rules, including the two district court rules on which the district court premised the defendant's conviction, do not constitute "rules" within the meaning of section 402, and thus violation of them cannot serve as a predicate for conviction under that statute.

Appellate Information

  • Decided 02/08/2012
  • Published 02/08/2012

Judges

  • Berzon

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Daniel G. Bogden, Franny A. Forsman

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