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Criminal – Contempt – Sentence Alteration

A district court declines to alter its earlier order finding a lawyer guilty of criminal contempt and fining him $2,500 for his violation of an earlier order that he not refer to government witnesses as liars during closing arguments in a criminal trial.
The lawyer argues that his case should be taken under advisement by the court in contemplation of a dismissal premised on his good behavior. He did not file the present motion until after Fed. R. Crim. P. 35(a)’s seven-day limit for alteration of a sentence had lapsed. Even if the present motion were meritorious, this court has no jurisdiction to reconsider the sentence imposed upon the lawyer.
Motion to alter sentence denied.
In re Jonathan L. Katz (Jones, J.) No. 3:06mc00008, April 20, 2007; USDC at Charlottesville, Va.; William F. Gould, AUSA; David L. Heilberg for defendant. VLW 007-3-144, 3 pp.

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