United States v. Richard Thomas Richardson

Ninth Circuit

United States v. Richard Thomas Richardson

638 F.2d 1189, 1980 U.S. App. LEXIS 13640

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 29, 1980

Docket80-1634

StatusPublished

Cited by4 cases

This text of 638 F.2d 1189 (United States v. Richard Thomas Richardson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Richard Thomas Richardson, 638 F.2d 1189, 1980 U.S. App. LEXIS 13640 (9th Cir. 1980).

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Opinion

PER CURIAM:

Richardson appeals from a judgment of civil contempt filed August 26, 1980. He was committed to federal custody until he testified before the grand jury pursuant to immunity or for the duration of the grand jury, but in no event for over eighteen months. We affirm.

Richardson argues that there was a failure to give adequate notice of the contempt hearing. There was no objection to going forward made to the district judge on the grounds of lack of preparation. He may not complain now. See In re Liberatore, 574 F.2d 78, 81-82 (2d Cir. 1978).

He next charges that there was insufficient evidence to support the finding of contempt. The argument is frivolous. Whether Richardson refused to answer the questions was not in dispute.

Finally, Richardson claims the judgment impermissibly interfere with his state sentence. On July 23, 1980, he was taken from a Minnesota state prison and brought before the district court pursuant to a writ of habeas corpus ad testificandum. We find the argument without merit.

Richardson relies upon In re Liberatore, supra, for the proposition that a federal civil contempt cannot interrupt a state criminal sentence. Here, as distinguished from Liberatore, the district judge did not order the state sentence suspended while he remained in federal custody. The district judge did make an oral statement pertaining to suspension but the written judgment does not contain any such reference. It is the written order that is before us. We need not, therefore, decide whether we would agree with the Second Circuit had such a provision been included.

Richardson also contends that his program of rehabilitation will be interfered with while he is in federal custody. That *1190 price he must pay for his contempt of court. He is free to purge himself and resume his rehabilitation program.

AFFIRMED.

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PER CURIAM:

Richardson appeals from a judgment of civil contempt filed August 26, 1980. He was committed to federal custody until he testified before the grand jury pursuant to immunity or for the duration of the grand jury, but in no event for over eighteen months. We affirm.

Richardson argues that there was a failure to give adequate notice of the contempt hearing. There was no objection to going forward made to the district judge on the grounds of lack of preparation. He may not complain now. See In re Liberatore, 574 F.2d 78, 81-82 (2d Cir. 1978).

He next charges that there was insufficient evidence to support the finding of contempt. The argument is frivolous. Whether Richardson refused to answer the questions was not in dispute.

Finally, Richardson claims the judgment impermissibly interfere with his state sentence. On July 23, 1980, he was taken from a Minnesota state prison and brought before the district court pursuant to a writ of habeas corpus ad testificandum. We find the argument without merit.

Richardson relies upon In re Liberatore, supra, for the proposition that a federal civil contempt cannot interrupt a state criminal sentence. Here, as distinguished from Liberatore, the district judge did not order the state sentence suspended while he remained in federal custody. The district judge did make an oral statement pertaining to suspension but the written judgment does not contain any such reference. It is the written order that is before us. We need not, therefore, decide whether we would agree with the Second Circuit had such a provision been included.

Richardson also contends that his program of rehabilitation will be interfered with while he is in federal custody. That *1190 price he must pay for his contempt of court. He is free to purge himself and resume his rehabilitation program.

AFFIRMED.

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Bluebook (online)

638 F.2d 1189, 1980 U.S. App. LEXIS 13640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-richard-thomas-richardson-ca9-1980.

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