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UNITED STATES v. TIJERINA

Nos. 3-68, 4-68.

412 F.2d 661 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Reies Lopez TIJERINA and Jerry Noll, Defendants-Appellants.

United States Court of Appeals Tenth Circuit.

June 23, 1969.

Attorney(s) appearing for the Case

John Quinn, U. S. Atty., (John A. Babington, Asst. U. S. Atty., was with him on the brief) for plaintiff-appellee.

Irving M. King, Chicago, Ill., (Morton Stavis, Newark, N. J., William Kunstler, New York City, Albert Gonzales, Santa Fe, N. M., and Beverly Axelrod, San Francisco, Cal., were with him on the brief) for defendants-appellants.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

After a trial to the court without a jury, Tijerina and Noll were convicted of criminal contempt and each was sentenced to serve thirty days in jail and to pay a fine of $500. We held the case in abeyance to await the decision of the United States Supreme Court in Frank v. United States, 395 U.S. 147, 89 S.Ct. 1503, 23 L.Ed.2d 162 on the right of an accused in a contempt proceedings to a jury trial. The...

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