United States Second Circuit

Denial of bail motion and habeas petition are affirmed over petitioner's claims that: 1) he is being incarcerated in violation of his Fifth Amendment right against compelled self-incrimination; 2) his incarceration for civil contempt violates the Non-Detention Act, the Recalcitrant Witness Statute, and the Due Process Clause of the Fifth Amendment; and 3) the district court abused its discretion when it denied the petitioner's motion for bail pending the resolution of his habeas petition.

Appellate Information

• Decided 11/27/2006
• Published 11/27/2006

Judges

• Before:  WALKER, LEVAL and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas V. Sjoblom (Benjamin R. Ogletree, on the brief), Chadbourne & Parke, LLP, Washington, D.C., for Petitioner-Appellant.


• For Appellees:
  
• Alexander H. Southwell, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, Karl Metzner, Assistant United States Attorney, on the brief), New York, New York, for Respondents-Appellees., Martin Glenn (Tancred V. Schiavoni and John J. Kim, on the brief), O'Melveny & Myers, LLP, New York, New York, for Intervenor Receiver-Appellee.