United States v. Richmond

MEMORANDUM **

Curtis Richmond (“Richmond”) appeals the denial of his motion to dismiss criminal contempt charges filed against him, due to an alleged violation of the Speedy Trial Act. See 18 U.S.C. §§ 401 (3) (criminal contempt); 3161 (Speedy Trial ■ Act). This court has jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. Because the parties are familiar with the facts of the case, we do not recite them here. •

The arrest order for Richmond specifically limited the maximum penalty to six months imprisonment, and thus Richmond was prosecuted and sentenced only for a petty offense. The Speedy Trial Act specifically excludes from its application Class B and Class C misdemeanors, those petty offenses for which the maximum sentence is six months imprisonment or less. 18 U.S.C. §§ 3172 (2), 3559(a)(7). Petty offenses are exempted from both the requirement of a jury trial and the Speedy Trial Act. See United States v. Baker, 641 F.2d 1311, 1319 (9th Cir.1981) (holding Speedy Trial Act does not apply to petty offenses); United States v. Carpenter, 91 F.3d 1282 (9th Cir.1996) (collecting cases explaining that criminal contempt cannot be classified as either a felony or misdemeanor…