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In re: Sealed Case, No. 09-3056

Contempt Conviction Affirmed

In In re: Sealed Case, No. 09-3056, the court affirmed defendant's conviction for criminal contempt where defendant's outburst was calculated, egregious, in the presence of, and directed at, the court.  However, the court reduced defendant's sentence where a six-month sentence was substantively reasonable under the circumstances.

As the court wrote:  "The district court summarily convicted the appellant of criminal contempt and imposed punishment of twelve months' imprisonment after the appellant uttered a vulgarity directed to the court in open court. The appellant appeals his conviction and sentence, arguing the evidence is insufficient to find him guilty of contempt, the sentence is unreasonable in relation to his actions and, because the sentence exceeds six months, he is entitled to a jury trial."

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