United States v. Hernandez (Velasco), No. 13-1453 (10th Cir. 2014)
Annotate this CaseThis case stemmed from the criminal case of Adrian Hernandez. Hernandez pled guilty to two counts conspiracy to distribute a controlled substance, and was sentenced to concurrent terms of 60 months in prison. Hernandez did not appeal. The District Court sanctioned Hernandez's defense attorney for contempt. The attorney appealed, setting forth five alleged issues for review, all resting on an assumption that the district court erred by employing the summary contempt procedures of Fed. R. Crim. Pro. 42(b) applicable to direct contempt rather than affording him the full panoply of notice-and-hearing procedures available under Rule 42(a) applicable to indirect contempt. Finding no reversible error in the district court's decision, the Tenth Circuit affirmed.
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