United States v. Michael L. Johnson

ERVIN, Circuit Judge:

Michael Johnson appeals the order of the district court finding him in contempt of court pursuant to 18 U.S.C. § 401(3) for failure to abide by a court order requiring him to reimburse the government for his court appointed attorney. We reverse.

I

In January 1980, Michael Johnson was charged under 18 U.S.C. § 201 with bribery, and trial was set for March 5, 1980. Approximately five days prior to trial, Johnson’s retained counsel was permitted by the court to withdraw from the case. At that time, the court conducted an inquiry into Johnson’s financial status to determine…