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U.S. v. SWEENEY

No. 99-2207.

226 F.3d 43 (2000)

UNITED STATES of America, Appellee, v. John SWEENEY, Jr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 28, 2000.

Attorney(s) appearing for the Case

Joseph Waldbaum on brief for appellant.

Donald K. Stern, United States Attorney, and Alex Whiting, Assistant United States Attorney, on brief for appellee.

Before TORRUELLA, Chief Judge, SELYA and BOUDIN, Circuit Judges.

PER CURIAM.

Following a bench trial, the district court found defendant-appellant John Sweeney, Jr., guilty on one count of criminal contempt of a court order. See United States v. Sweeney, 52 F.Supp.2d 164 (D.Mass.1999). Sweeney now appeals, complaining that the government charged and tried him pursuant to 18 U.S.C. § 401(3) rather than 18 U.S.C. § 402 in order to deny him a trial by jury,

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