UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
HARRY WILLIAM THERIAULT, DEFENDANT-APPELLANT
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The court held that the evidence was sufficient to establish escape from federal custody and that the judge's handling of the contempt conviction was proper.
Appellant was convicted of escape from federal custody and a contempt charge. He appealed his new sentence after a prior conviction was affirmed but r…
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PER CURIAM:
Following our decision, United States v. Theriault, 5 Cir., 1970, 434 F. 2d 212, affirming the conviction but remanding for resentencing, Appellant, appealing from the new sentence, reasserts his former attacks, the principle one being lack of sufficient evidence to establish escape from Federal custody. We again reject this and the other complaints.
As to the additional contempt conviction, we think that the careful, restrained, moderate and responsible way the Judge — who was not then, nor had he been, engaged in an embroilment or running controversy with Appellant1 — han-died this situation which was then interfering with the efficient operation of the court comported with Illinois v. Allen, 1970, 397 U.S. 337, 90 S.Ct. 1057, 25 L.Ed.2d 353 and Mayberry v. Pennsylvania, 1971, 400 U.S. 455, 91 S.Ct. 499, 27 L.Ed.2d 532.
. This lack of embroilment clearly distinguishes this case from In Re Dellinger, 7 Cir., 1972, 461 F. 2d 389, and United States v. Seale, 7 Cir., 1972, 461 F. 2d 345. In Seale, the court stated that “At least in the absence of personal embroilment * * * the trial judge could have cited Seale for contempt instantly even though he was personally attacked.” Id., at 351.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Theriault v. Carlson, 495 F.2d 390 (5th Cir. 1974)
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Theriault v. Silber, 579 F.2d 302 (5th Cir. 1978)
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Church OF the NEW Song v. Establishment OF Religion ON Taxpayers' Money IN the Fed. Bureau OF Prisons, 620 F.2d 648 (7th Cir. 1980)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Illinois v. Allen, 397 U.S. 337 (U.S. 1970)
- Mayberry v. Pennsylvania, 400 U.S. 455 (U.S. 1971)
- United States v. Seale, 461 F.2d 345 (7th Cir. 1972)
- In re Dellinger, 461 F.2d 389 (7th Cir. 1972)
- Theriault v. United States, 434 F.2d 212 (5th Cir. 1970)