Lee B. Jett, Warden, Federal Correctional Institute, Terminal Island, and the United States of America v. Marcus Robert Castaneda

The warden of the Federal Correctional Institute, Terminal Island, appeals a judgment of contempt entered upon the application of Marcus Robert Castaneda, a prisoner. We reverse.

Castaneda was an inmate of Terminal Island, and while there became the prime suspect in a fatal stabbing that occurred in the prison yard. During the investigation he refused to answer questions until he talked with the assistant Public Defender who had represented him previously. Investigators then notified that attorney, who thereupon filed a motion in the district court for his appointment as Castaneda’s counsel. The district court granted the motion.

Because of possible defenses of self-defense and insanity, the attorney also desired a list of and access to witnesses to the stabbing and an opportunity for a psychiatrist to examine Castaneda. The attorney presented motions and the district court entered orders without notice to the warden or to the United States Attorney. After a series of events partially described in United States v. Castaneda, 571 F.2d 444, 448 (9th Cir. 1977) (two opinions), which culminated in this finding of contempt against the warden, this court stayed the district court’s…