Zamorano-Torres
United States v. Zamorano-Torres
Opinion
Lead Opinion
MEMORANDUM ***
Francisco Zamorano-Torres appeals the judgment of summary contempt imposed upon him during jury selection for his 8 U.S.C. § 1326 trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), defense counsel has filed a brief identifying a possible issue for review, and a motion to withdraw as counsel of record. Zamorano-Torres has filed a supplemental pro se brief.
Counsel raises as a potential issue the absence of a described warning and the district court’s failure to comply with the certification requirement of Rule 42(a) of the Federal Rules of Criminal Procedure. We review the district court’s summary contempt ruling for abuse of discretion, and find none. In re Gustafson, 650 F.2d 1017, 1022 (9th Cir.1981) (en banc).
The record reflects that the district court repeatedly ordered Zamorano-Torres not to disrupt the proceedings. No further warning is required. See United States v. Abascal, 509 F.2d 752, 755 (9th Cir.1975).
Rule 42(a) requires only that the contemptuous behavior be seen or heard by the judge and committed in the court’s actual presence.…