ARMSTRONG v. GUCCIONE

Docket Nos. 04-5448-PR(L), 05-0280-PR(CON).

470 F.3d 89 (2006)

Martin A. ARMSTRONG, Petitioner-Appellant, v. Joseph R. GUCCIONE, United States Marshal for the Southern District of New York, and Marvin D. Morrison, Warden, Metropolitan Correctional Center, Respondents-Appellees, Alan M. Cohen, Intervenor Receiver-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 27, 2006.


Attorney(s) appearing for the Case

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

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.

Before: WALKER, LEVAL and SOTOMAYOR, Circuit Judges.


Judge SOTOMAYOR concurs in a separate opinion.

JOHN M. WALKER, JR., Circuit Judge.

It has been said that a civil contemnor who is incarcerated to compel compliance with a court order holds the key to his prison cell: Where defiance leads to the contemnor's incarceration, compliance is his salvation. In this case, petitioner-appellant Martin A. Armstrong principally argues that the key to his freedom comes at the cost of his Fifth Amendment right against compelled...

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