Opinion
Case No. 2:04-CR-299 DAK.
February 11, 2005
CONTEMPT ORDER
Pursuant to 28 U.S.C. § 636(e)(2), and Rule 42(b) of the Federal Rules of Criminal Procedure, the Court hereby issues this contempt order.
On May 26, 2004, Defendant's initial appearance, arraignment, and pretrial conference were held. Special Assistant United States Attorney Eric D. Petersen was present at that hearing. At that hearing, the Court informed those present, including Mr. Petersen, that Defendant's detention hearing would be held on May 28, 2004, at 8:30 a.m.
On May 28, 2004, at 8:30 a.m., Defendant's counsel, Defendant, and the United States Marshals were present in the courtroom. Because Defendant was in custody, members of the United States Marshal's Office had been required to transport Defendant from the place where he was being detained to the courthouse. Mr. Petersen, who was not present, had not contacted the Court to explain his absence.
After waiting a few minutes, the Court began the detention hearing. The detention hearing lasted approximately five to ten minutes, ending between approximately 8:38 a.m. and 8:43 a.m. Mr. Petersen, who admitted on the record that he was late, arrived at approximately 8:35 a.m.
Because Mr. Petersen was late to the May 28, 2004 detention hearing, the Court imposed a $50.00 sanction against Mr. Petersen.