* Kevin Trudeau 30-day jail sentence thrown out

* Civil contempt unaffected

(Recasts, adds details from ruling, background, byline)

By Jonathan Stempel

NEW YORK (Reuters) - A federal appeals court in
Chicago threw out a 30-day jail sentence and criminal contempt
citation for a television pitchman who incited fans to flood a
federal judge with email testimonials.

The U.S. Seventh Circuit Court of Appeals found that U.S.
District Judge Robert Gettleman overstepped his authority in
punishing Kevin Trudeau, after receiving more than 300 e-mails
in 36 hours, including some with threatening overtones.

Thursday's appellate decision leaves open the possibility
that Trudeau could still face criminal contempt proceedings if
Gettleman refers the case to federal prosecutors.

It leaves intact a civil contempt citation that Gettleman
imposed against Trudeau for violating terms of a 2004 Federal
Trade Commission settlement with his book, "The Weight Loss
Cure 'They' Don't Want You to Know About."

The appeals court last August upheld that citation, saying
Trudeau repeatedly distorted the weight-loss program's content
in infomercials. But it threw out a $37.6 million fine and
three-year infomercial ban and ordered Gettleman to impose a
new penalty.

Trudeau has long battled federal regulators over his
marketing of "cures" for such things as AIDS, hair loss, memory
loss, obesity and financial distress. He remained free pending
his appeal, and has appeared on infomercials in recent months.

Kimball Anderson, a lawyer for Trudeau, did not immediately
return a call seeking a comment.

THREATENING EMAILS

Writing for the appeals court on Thursday, Judge John
Tinder found that Gettleman erred in concluding on Feb. 17 that
criminal contempt had occurred in his presence.

Tinder said Gettleman did not actually witness contemptuous
conduct and had to do research to learn how his email address
was located. (The address was at the time listed on the website
of Northwestern University's law school, where the judge is an
adjunct professor.)

Tinder also faulted Gettleman for putting Trudeau "in
something of a bind" by asking about his role in the emails,
showing the judge expected Trudeau to incriminate himself.

"Because the conduct occurred outside the judge's presence
and, rather than being forced to stop proceedings by Trudeau's
behavior, the judge had to actually convene proceedings in
order to get Trudeau before the court, summary contempt should
never have been an option here," Tinder wrote.

While most of the emails to Gettleman were polite, one said
"may god touch you today," and another said "you have sold your
souls for power and wealth, and eternal spiritual destruction
awaits those who condemn the righteous."

The FTC and federal prosecutors took no official position
on the criminal contempt judgment, Tinder wrote.

The case is Federal Trade Commission v. Trudeau, U.S.
Seventh Circuit Court of Appeals, No. 10-1383.
(Reporting by Jonathan Stempel; Additional reporting by Andrew
Stern in Chicago; editing by Gerald E. McCormick and John
Wallace)