This section contains the nature of the case and procedural background.

The district court convicted D of criminal contempt for his courtroom behavior in defending former FBI agent Richard W. Miller, who was convicted on charges of espionage. An exchange occurred during the government's rebuttal to the defendant's closing argument. The judge found D in criminal contempt for disrupting the proceedings in an unethical manner. D was fined $500. The order stated that D interrupted the proceedings at the top of his voice and when ordered to be seated slammed his hand on counsel table and in an angry manner demanded a ruling from the court. The court admonished D and would be in trouble if he did not respect the court. D again asked for a ruling and told D to sit down. When counsel for the government continued, D again objected and asked for a ruling. D was told to be quiet, and Government counsel resumed. D appealed.

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