United States v. Michael Lee Dominguez

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael Lee DOMINGUEZ, Defendant-Appellant. No. 94-10078. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 12, 1994. Decided Feb. 27, 1995. IN PART, REVERSED IN PART. Before: HUG, CANBY and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Michael Lee Dominguez appeals his conviction and sentence for criminal contempt in violation of 18 U.S.C. Sec. 401 (3). We affirm in part, reverse in part, and remand for resentencing. I. DISMISSAL OF THE INDICTMENT 3 "We are divided as to whether the denial of a motion to dismiss an indictment is reviewed de novo or for an abuse of discretion." United States v. Woodley, 9 F.3d 774, 777 (9th Cir.1993). But under either standard, it is clear that the district court did not err by declining to dismiss Dominguez's indictment. The indictment charges that Dominguez: 4 did knowingly and willfully, refuse to be sworn and…