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U.S. v. RUGGIERO

No. 387, Docket 87-1327.

835 F.2d 443 (1987)

UNITED STATES of America, Appellee, v. Angelo RUGGIERO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 16, 1987.

Attorney(s) appearing for the Case

John L. Pollok, New York City (Mark A. Summers, Todtman, Hoffman, Epstein, Young, Goldstein, Tunick & Pollok, New York City, of counsel), for defendant-appellant.

Peter A. Norling, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Emily Berger, Asst. U.S. Atty., of counsel), for appellee.

Before VAN GRAAFEILAND, WINTER and MAHONEY, Circuit Judges.

WINTER, Circuit Judge:

Angelo Ruggiero appeals from a July 10, 1987 order holding him in summary contempt and fining him $10,000 under Fed.R.Crim.P. 42(a). Ruggiero contends that Judge Costantino's finding of contempt was an abuse of discretion, or alternatively that the fine was excessive. We affirm the contempt conviction but reduce the fine to $2,000.

A United States judge has the power, under Rule 42(a) and 18 U.S.C. § 401 (1982), to punish summarily...

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