UNITED STATES of America, Plaintiff-Appellee, v. Michael David CARPENTER, Defendant-Appellant

Michael David Carpenter appeals his sentence for criminal contempt. We remand for resentencing.

I

Michael Carpenter was subpoenaed to testify before a federal grand jury pursuant to an order issued by the district court under 18 U.S.C. § 6002. He refused to testify and was held in civil contempt and jailed for eight months, until the district court concluded further incarceration would not induce him to testify. He was indicted for criminal contempt following his release. He agreed to plead guilty and cooperate with the govern ment. The government agreed to move for a downward departure under…