Legal Opinion
United States v. Hernandez
Court of Appeals for the Fourth Circuit
Decided March 26, 2010No. 09-4125PublishedCited by 1 opinion
1Opinion of the Court
Reversed by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge KING and Judge GREGORY joined.
OPINION
TRAXLER, Chief Judge:
Bryan Emery Gates, Jr., appeals his contempt conviction under 18 U.S.C. § 401(3) for failing to appear in court on time for a plea hearing. We conclude that the district court erroneously imposed punishment in a summary proceeding *335without affording Gates notice or a meaningful opportunity to respond to the charges against him. For the reasons that follow, we reverse.
I
Gates, an attorney practicing in North Carolina, was appointed by the district court…
2Cases cited30 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- United States v. OlanoSupreme Court of the United States · 1993
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Puckett v. United StatesSupreme Court of the United States · 2009
- Rose v. ClarkSupreme Court of the United States · 1986
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3Cited by1 opinion
- In Re GatesCourt of Appeals for the Fourth Circuit · 2010