U.S. v. Maynard, 90-3287
Decision Date | 17 June 1991 |
Docket Number | No. 90-3287,90-3287 |
Citation | 933 F.2d 918 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Danny MAYNARD, Defendant, Philip G. Butler, Jr., Appellant. Non-Argument Calendar. |
Court | U.S. Court of Appeals — Eleventh Circuit |
Philip G. Butler, Jr., West Palm Beach, Fla., pro se.
James Klindt, Asst. U.S. Atty., Jacksonville, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Middle District of Florida.
Before JOHNSON, HATCHETT and ANDERSON, Circuit Judges.
Appellant Philip G. Butler, Jr., a Florida attorney, appeals from the district court's order finding him in criminal contempt of court. Butler argues that the district court improperly used summary contempt proceedings pursuant to Fed.R.Crim.P. 42(a), and that the evidence was insufficient to support a finding that he willfully and intentionally violated a court order. Because we agree that the evidence was insufficient, we reverse the district court's contempt order and dismiss the case.
The facts are undisputed and are as follows. Butler represents Danny Maynard, a defendant in a marijuana conspiracy prosecution. After Maynard pled not guilty, a status conference was scheduled for 9:30 A.M. on March 23, 1990 before the district judge in Jacksonville, Florida. Butler failed to appear at that time and the judge directed the clerk to issue a contempt citation. At approximately 11:04 A.M., the proceedings resumed with Butler present and the following colloquy occurred:
R2-4 to 6. The district judge ordered Butler to pay a fine of $500.00. Butler paid the fine and now appeals from the contempt order.
In reviewing the sufficiency of the evidence in support of a finding of criminal contempt, "we must determine whether the evidence, construed in the light most favorable to the government, would permit the trier of fact to find the defendant guilty beyond a reasonable doubt." United States v. Robinson, 922 F.2d 1531, 1534 (11th Cir.1991) (quoting United States v. Burstyn, 878 F.2d 1322, 1324 (11th Cir.1989)). "The conviction will be sustained if there is...
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...and (3) the violation was willful.' " United States v. Bernardine, 237 F.3d 1279, 1282 (11th Cir. 2001) (quoting United States v. Maynard, 933 F.2d 918, 920 (11th Cir. 1991); see also United States v. KS&W Offshore Eng'g, Inc., 932 F.2d 906, 909 (11th Cir. 1991) ("The essential elements of ......
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...lawful order of reasonable specificity that Straub willfully violated, Bernardine, 237 F.3d at 1282 (quoting United States v. Maynard, 933 F.2d 918, 920 (11th Cir.1991) (per curiam)). Straub makes three arguments that the evidence against him was insufficient. First, Straub argues that the ......
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...and (3) the violation was willful.'" United States v. Bernardine, 237 F.3d 1279, 1282 (11th Cir. 2001) (quoting United States v. Maynard, 933 F.2d 918, 920 (11th Cir. 1991)); see also United States v. KS&W Offshore Eng'g, Inc., 932 F.2d 906, 909 (11th Cir. 1991) ("The essential elements of ......