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U.S. v. NEAL

No. 96-4108.

101 F.3d 993 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Whitt NEAL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 27, 1996.

Attorney(s) appearing for the Case

ARGUED: George Vernon Laughrun, II, Goodman, Carr & Nixon, Charlotte, NC, for Appellant. Clifford Carson Marshall, Jr., Office of the United States Attorney, Asheville, NC, for Appellee. ON BRIEF: Mark T. Calloway, United States Attorney, James M. Sullivan, Assistant United States Attorney, Charlotte, NC, for Appellee.

Before WILKINS, Circuit Judge, BUTZNER, Senior Circuit Judge, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge WILKENS wrote the opinion, in which Senior Judge BUTZNER and Senior Judge MICHAEL joined.

OPINION

WILKINS, Circuit Judge:

Whitt Neal appeals an order of the district court finding him guilty of criminal contempt for failing to obey a subpoena. See 18 U.S.C.A. § 401(3) (West 1966). Because the district court committed plain error in failing to refer the matter to the United States Attorney...

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