Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before Boudin, Lipez and Howard, Circuit Judges.

This appeal presents the question whether, in order to make the federal sanction effective, a federal district court can suspend the running of a prisoner’s state sentence while the prisoner is temporarily confined for federal civil contempt. The appellant, whom we will call John Doe, has been serving a state prison sentence set to expire several years from now. Last year, he was brought before a federal grand jury by writ of habeas corpus ad testificandum, granted statutory use immunity, see 18 U.S.C. §§ 6002-6003 (2006), and ordered to testify.

Despite warnings and threatened contempt, Doe refused to testify and was eventually found in civil contempt and placed in the custody of the U.S. Marshals Service “until such time as [he] shall obey” the court’s earlier orders to testify, the incarceration not to exceed eighteen months or the end of the grand jury, whichever occurs first. See 28 U.S.C. § 1826(a) (2006). Thereafter, at the government’s request, the district court amended the contempt order to provide that the federal contempt confinement shall interrupt the service of the sentence imposed on [Doe] by the [state court], which sentence shall not continue to run during the period that [Doe] is being held in civil contempt confinement, and the sentence imposed on [Doe] by the [state court] shall not be considered concurrent herewith; rather, that sentence imposed on [Doe] by the [state court] shall resume when, and only when, this civil contempt confinement of [Doe] pursuant to 28 U.S.C. § 1826(a) has terminated.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

African Legal Awards (AFLA) 2022

September 02, 2022

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

China Law & Practice Awards (CLPA) 2022

September 08, 2022

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.

Learn More

Texas Legal Awards (TXLA) 2022

September 14, 2022
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.

Learn More

Litigation Associate

A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...

Apply Now ›


The Superior Court of Fulton County, Atlanta JudicialCircuit is soliciting applicants for the appointment of a full- time circuit-wide juven...

Apply Now ›


Downtown A/V rated Plaintiff's personal injury law firm seeks paralegal with experience in pleadings, motions, discovery, calendar, mediatio...

Apply Now ›



Montgomery McCracken Walker & Rhoads LLP wants to announce the Happy Retirement, Honorable Joel Rosen!

View Announcement ›



DEASEY MAHONEY & VALENTINI LTD is proud to announce that Lauren M. Steins and Leanna B. Ruotanen have been named Partners of the firm.

View Announcement ›



Parrett, Porto, Parese & Colwell, P.C. welcomes attorneys Alison L. Broad and Andrew I. Schaffer as principals of the firm.

View Announcement ›