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UNITED STATES v. ROLLERSON

No. 24154.

449 F.2d 1000 (1971)

UNITED STATES of America v. Roosevelt ROLLERSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Petition for Rehearing Denied May 13, 1971.

Attorney(s) appearing for the Case

Mr. William H. Allen, Washington, D. C. (appointed by this court) and Mr. Allan J. Topol, Washington, D. C., were on the brief for appellant.

Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry and John R. Dugan, Asst. U. S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, and WILBUR K. MILLER, Senior Circuit Judge, and McGOWAN, Circuit Judge.

BAZELON, Chief Judge:

This appeal presents a single question: may a criminal defendant who is summarily punished for contempt of court under Rule 42(a) of the Federal Rules of Criminal Procedure and 18 U. S.C. § 401(1) later be prosecuted under different penal statutes for the same act? We hold that he can.

Appellant was on trial for robbery in February 1963. On the third day of trial, February 14th, moments...

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