In Re John C. McClure Appeal of Earl Swicegood, Aurin Dale Little

FAHY, Senior Circuit Judge:

In proceedings before the District Court appellant was convicted of contempt of court, in violation of 18 U.S.C. § 401, which in pertinent part provides:

A court of the United States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as—(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice ;

A suspended sentence of 10 days imprisonment was imposed. Because the evidence does not support an essential element of the offense charged, namely, that the…