United States v. Guadalupe Contreras-Ruiz

MEMORANDUM

Guadalupe Contreras-Ruiz appeals a final judgment and sentence of three months of imprisonment for criminal con tempt in violation of 18 U.S.C. § 401 entered by the United States District Court for the District of Arizona pursuant to the summary contempt provision of Rule 42(b) of the Federal Rules of Criminal Procedure. The three-month sentence for contempt was contained in the same judgment as Contreras-Ruiz’s conviction and sentence for reentry after deportation. Though he appeals from the entire judgment, his arguments are directed solely to the summary contempt conviction and the sentence imposed for it.

On April 9, 2008, Contreras-Ruiz in a jury verdict was found guilty of reentry subsequent to deportation. At his sentencing on June 2, 2008, Contreras-Ruiz engaged in behavior that seriously disrupted the hearing. Specifically, he repeatedly ranted that he would not be sentenced and shouted over the judge and other individuals in the courtroom. After repeatedly warning Contreras-Ruiz that he would be held in contempt if he did not stop this behavior, Judge Wake summarily held him in contempt when he continued disrupting the proceedings. Judge Wake also instructed…