United States Third Circuit

District court's denial of defendant's motion to vacate an order of civil contempt that has been in effect for over five years stemming from a criminal proceeding in which defendant was convicted of conspiracy and fraud and sentenced to 188 months' imprisonment is affirmed as the court structured the order of contempt so that it tolled the commencement of his criminal sentence, such that only if and when the contempt is lifted will he begin serving that sentence. An order of civil contempt will only become punitive if a contemnor is unable to comply with the order, or if the circumstances indicate that a court is maintaining the contempt for an impermissible punitive purpose.

Appellate Information

• Argued 06/26/2009
• Decided 09/23/2009
• Published 09/23/2009

Judges

• Before BARRY, SMITH, Circuit Judges, and DuBOIS,District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Edward F. Borden, Jr., Esq., (Argued), Earp Cohn, Cherry Hill, NJ, for Appellant.


• For Appellees:
  
• Norman Gross, Esq., (Argued), Office of United States Attorney, Camden, NJ, George S. Leone, Esq., Office of United States Attorney, Newark, NJ, for Appellee.