In Re SEALED CASE
627 F.3d 1235
D.C. Cir.2010Background
- Appellant was convicted of criminal contempt for an open-court vulgar outburst directed at the judge during a May 18, 2009 sentencing hearing, and was sentenced to 12 months’ imprisonment in the district court.
- On appeal, appellant challenges sufficiency of evidence, sentence reasonableness, and right to a jury trial for a sentence exceeding six months.
- The appellate court affirms the criminal contempt conviction but reduces the sentence to six months’ imprisonment.
- The six-month sentence is to run consecutively to the appellant’s 26-year murder sentence (imposed March 6, 2009) and the 36-month supervised-release violation sentence (imposed May 18, 2009).
- The prior criminal history includes a 2000 cocaine base possession with intent to distribute conviction, time served, and subsequent 2009 murder and supervised-release revocation actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports contempt conviction | Appellant argues no obstruction or intent. | Appellant contends no obstruction or criminal intent. | Conviction upheld; misbehavior fits §401(1) and Rule 42(b). |
| Whether the six-month sentence exceeds constitutional limits without a jury | Six months was permissible under summary contempt. | Six months requires jury trial unless waived. | Sentence reduced to six months; no remand needed. |
| Whether a six-month sentence is substantively reasonable given circumstances | Not addressed separately beyond statutory limit. | Six months is reasonable under circumstances. | Six-month sentence deemed substantively reasonable. |
| Whether the sentence should run concurrent or consecutive to other sentences | Not explicitly argued. | N/A | Six months to run consecutively to existing sentences. |
Key Cases Cited
- United States v. Browne, 318 F.3d 261 (1st Cir. 2003) (verbal attack can be obstructive in court)
- United States v. Marshall, 371 F.3d 42 (2d Cir. 2004) (verbal misconduct can constitute contempt under §401(1))
- McGainey, 37 F.3d 682 (D.C. Cir. 1994) (elements of criminal contempt; intent and obstruction")
- In re Holloway, 995 F.2d 1080 (D.C. Cir. 1993) (court may revise sentence for criminal contempt)
- In re Joyce, 506 F.2d 373 (5th Cir. 1975) (probative standard for contempt convictions)
- Codispoti v. Pennsylvania, 418 U.S. 506 (U.S. 1974) (jury trial rights for contempt sentences over six months)