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U.S. v. WEST

No. 93-4319.

21 F.3d 607 (1994)

UNITED STATES of America, Plaintiff, v. Bruce R. WEST, Sr., Defendant. Michael S. Fawer, Appellant.

United States Court of Appeals, Fifth Circuit.

May 12, 1994.

Attorney(s) appearing for the Case

Herbert V. Larson, Jr., New Orleans, LA, Jeffie J. Massey, Dallas, TX, for appellant.

Michael S. Fawer, pro se.

Ellen Meltzer, Special Counsel, Michael D. Love, David A. Frank, Trial Attys., U.S. Dept. of Justice, Crim. Div., Fraud Sect., Washington, DC, Bob Wortham, U.S. Atty., Beaumont, TX, for plaintiff.

Before WISDOM, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Michael Fawer appeals his conviction and sentence for criminal contempt of court in violation of 18 U.S.C. § 401 (1988). Because Fawer's cited conduct was not contemptuous —i.e., Fawer did not disobey a specific court order or in any way obstruct or imminently threaten the administration of justice —we reverse.

Fawer represented Bruce West, Sr., who was prosecuted...

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