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U.S. v. MATHEWS

No. 91-3600.

49 F.3d 676 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Richard George MATHEWS, a/k/a Ricky George Williams, Sharon Elaine Carter, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 6, 1995.

Attorney(s) appearing for the Case

Gonzalo R. Andux, Jacksonville, FL, for Mathews.

Daniel A. Smith, Jacksonville, FL, for Carter.

Mark B. Deverreaux, Asst. U.S. Atty., Jacksonville, FL, Karla R. Spaulding, Asst. U.S. Atty., Tampa, FL, for appellee.

Before COX, Circuit Judge, MORGAN and HENDERSON, Senior Circuit Judges.

PER CURIAM:

Richard George Mathews challenges the certification of contempt filed by the district judge in support of a summary criminal contempt conviction. Mathews contends that the certificate does not comply with the requirements of Federal Rule of Criminal Procedure 42(a). We hold that the certification does not satisfy the requirements of Rule 42(a) because the certification of contempt was not filed by the judge who witnessed the alleged contempt. Therefore...

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