No. __-____ In the Supreme Court of the United States __________ KEVIN M. TRUDEAU, PETITIONER v. UNITED STATES OF AMERICA, RESPONDENT __________ ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT __________ PETITION FOR A WRIT OF CERTIORARI __________ KIMBALL R. ANDERSON STEFFEN JOHNSON THOMAS KIRSCH, II Counsel of Record Winston & Strawn LLP JEFF P. JOHNSON 35 West Wacker Drive PAUL KANELLOPOULOS Chicago, IL 60601 STEPHEN J. MIGALA (312) 558-5600 Winston & Strawn LLP 1700 K Street, NW Washington, DC 20006 (202) 282-5000
[email protected] Counsel for Petitioner i QUESTIONS PRESENTED 1. The Speedy Trial Act applies to “any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a Class B or C misde- meanor or an infraction, or an offense triable by [a military court]).” 18 U.S.C. § 3172(2). The criminal contempt statute does not classify criminal contempt as a Class B or C misdemeanor; it provides only that a federal court “shall have power to punish [contempt of its authority] by fine or imprisonment, or both, at its discretion.” 18 U.S.C. § 401. The first question presented is: Whether a violation of 18 U.S.C. § 401 should be classified as a Class A felony under 18 U.S.C. § 3559 (as the First and Fourth Circuits hold), similarly to the closest analogous offense (as the Sixth, Seventh, and Ninth Circuits hold), or sui generis based on the penalty actually imposed by the court (as the Third, Fifth, and Eleventh Circuits hold).