THE UNITED STATES OF AMERICA

NORTH DISTRICT OF TEXAS.

DATON DEGNIDE
(Plaintiff)

CASE No: 4:17MJ-714

V.

THE UNITED STATED STATES OF AMERICA

(Defendant)

------------------------------------------------------------- /

OBSTRUCTION OF COURT ORDERS

VIOLATION OF TITLE 18 USC 1509

Comes Now, Daton Degnide in Federal proceedings and pursuant to the United

States Code 18 U.S 1509 Obstruction of Court Orders, and the Indirect Contempt

of Court. Moves this Honorable Court to; Dismiss the Superseding Indictment and

asserts the foregoing.

1
STATEMENT OF FACTS

1). On or about December 8, 2017, the Court entered an Order upon the record.

Ordering the instrument of objections to the amended Tender of Audio

Transcripts intended to be used at Trial by the parties.(See Dkt.324).

2). Mr. Degnide filed his Objection to the Audio Transcripts intended to be use

at Trial on or about December 18, 2017 and delivered upon the parties.

3). On or about December 22, 2017 Mr. Degnide attempted to meet face to face

as prescribed in the order. (See Dkt. 324 pg 3 paragraph 4) .

4). At the prescribed meeting the Attorney for the Government failed to attend,

and therefore, Mr. Degnide left the office without resolution of the

objections raised on the written instrument.

2
INTRODUCTION

1). On or about December 22, 2017 Mr. Degnide emailed the Government

Attorney inquiring why he was unable to meet face to face in an effort to

resolve each objection and area of disagreement.

2). The Attorney for the Government replied in via email stating “I didn’t see

any order about a face to face meeting that was to have occurred on

December 22.” (See exhibit A)

3). Mr. Degnide avers that upon the document 324 pg 3 paragraph 4. Reads as
follows.

“If there is an objection or disagreement, prior to 12:00 noon December 22,

2017, counsel for the parties shall meet face to face in an effort to resolve

each objection and area of disagreement”.

3
OBSTRUCTION OF COURT ORDERS.

Whoever, by threats or, willfully prevents, obstructs, impedes, or interferes with, or

willfully attempts to prevent obstruct, impede, or interfere with the due exercise of

rights or the performance of duties under any order, judgment, or decree of a court

of the United States, shall be fined under this title or imprisoned not more than one

year, or both. (See Title 18 USC 1509).

1). Mr. Degnide asserts, that it is the responsibility of the Attorney of the

Government to try cases as to the formality of justice, and for the

Government to follow the law as well.

2). Contempt of Court can be defined as any act which is calculated to

embarrass, hinder, or obstruct a Court in the Administration of Justice. (See

Black’s Law Dictionary 288 5th ed. 1979).

3). Indirect Contempt is usually associated with the refusal of a party to comply

with lawful Court Order, or a decree which imposes a duty of action.

4). Indirect Contempt of Court refers to a procedure which dispenses with the

formality, delay and digression that would result from the issuance of

process, service of complaint and answer. (See) (Sacher v United States, 343

US 1, 9 (1952).
4
5). Mr. Degnide contends that his Fifth Amendment right had been violated

when he had been denied his right to a face to face meeting discussing area

of disagreement in the Governments Audio Transcripts to be used at trial.

6). The Attorney for the Government violated Title18 U.S 1509 Obstruction of

Court Orders and indirect Contempt of Court when failing to obey a Court

Order.

7). Due to the willful disregard to the Court Order by the Attorney for the

Government, prejudiced Mr. Degnide. As a result of the criminal or civil

infraction by the Attorney for the Government, Mr, Degnide wishes to move

with sanctions as to have the Superseding Indictment dismissed.

5
 CERTIFICATE OF SERVICE

I, hereby certify that a true and correct copy of the

foregoing has been hand delivered to the United States District Attorney
US District Court Clerk 501 w 10th 310 Fort Worth 76102.
On this day of 2017.

Print Name:

Pro Per /s /