No. 09-4125.

600 F.3d 333 (2010)

In re Bryan GATES, Jr., Appellant. United States of America, Plaintiff-Appellee, v. Nicholas Sanchez Hernandez, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: March 26, 2010.

Attorney(s) appearing for the Case

ARGUED: Bryan Gates, Jr., Winston-Salem, North Carolina, for Appellant. Terry Michael Meinecke, Office of The United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: Anna Mills Wagoner, United States Attorney, L. Patrick Auld, Assistant United States Attorney, Office of The United States Attorney, Greensboro, North Carolina, for Appellee.

Reversed by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge KING and Judge GREGORY joined.


TRAXLER, Chief Judge:

Bryan Emery Gates, Jr., appeals his contempt conviction under 18 U.S.C. § 401(3) for failing to appear in court on time for a plea hearing. We conclude that the district court erroneously imposed punishment in a summary proceeding without affording Gates notice or a meaningful opportunity to respond to the charges against him. For the reasons that follow, we reverse.


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