UNITED STATES v. LEE

No. 83-3017.

720 F.2d 1049 (1983)

UNITED STATES of America, Plaintiff/Appellee, v. Darrell E. LEE, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 17, 1983.


Attorney(s) appearing for the Case

William Redkey, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Darrell E. Lee, Lee, Thayer & Schauermann, Vancouver, Wash., for defendant-appellant.

Before WRIGHT, PREGERSON and FERGUSON, Circuit Judges.


FERGUSON, Circuit Judge:

On this appeal the questions are whether an attorney who filed a motion for substitution of counsel with supporting documents committed criminal contempt of court in the presence of the court and whether the procedure by which he was found in contempt and sentenced was in error. Because we find that Mr. Lee did not commit contemptuous acts in the presence of the court, we hold that the district court improperly imposed punishment summarily...

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