Contempt - Miscellaneous

United States v. Murphy, 326 F.3d 501 (4th Cir. 2003)

The defendant twice called the judge an obscene name following the imposition of sentence, and then made an obscene gesture. This amounts to one act of contempt under 18 U.S.C. § 401(1).

United States v. Arredondo, 349 F.3d 310 (6th Cir. 2003)

A defendant filed a § 2255 petition, claiming that his attorney failed to advise him of plea offers that had been made prior to his conviction. The trial court found that the assertions made by the defendant in his affidavits and in his testimony at the § 2255 hearing were false and held him in contempt. The Sixth Circuit reversed. The defendant could be prosecuted for perjury, but this type of conduct is not contemptuous.

United States v. Marquardo, 149 F.3d 36 (1st Cir. 1998)

The defendant was the subject of a civil contempt proceeding when he refused to testify before a grand jury, despite having been granted immunity. When the term of the grand jury expired, he was released. Thereafter, he was indicted for criminal contempt. The First Circuit holds that this does not violate double jeopardy. This case contains a lengthy discussion of the differences between civil and criminal contempt, both historically and in modern practice.