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IN RE GUSTAFSON

No. 78-3732.

619 F.2d 1354 (1980)

In re Robert T. GUSTAFSON, Esquire.

United States Court of Appeals, Ninth Circuit.

May 30, 1980.

Attorney(s) appearing for the Case

Robert T. Gustafson, Chula Vista, Cal., for appellant.

Judith S. Feigin, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Judith S. Feigin, Asst. U. S. Atty. (argued), San Diego, Cal., for appellee.

Before ELY, WRIGHT and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

This appeal presents the issue of when a court may issue a summary contempt order against a lawyer for conduct and remarks in his closing argument to the jury. We hold that while the defendant-lawyer's remarks in this case may have been contemptuous under 18 U.S.C. § 401,1 summary disposition under Fed.R.Crim.P. 42(a) was improper and the court should instead have proceeded under Rule 42(b).

Robert...

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