authority as disobedience of its order. 18 U.S.C. § 401(3).
The Court does not find defendant in contempt of its order of March 6, 1986 as defendant complied by appearing before this Court to show cause why he should not be held in contempt for failing to hand over the $5,400 on February 27, 1986. The Court does find, however, that defendant was in civil contempt for failing to pay partial restitution on that day in the amount of $5,400.
The Court's order of February 27th clearly stated that the defendant was to pay restitution in the amount of $62,500. All orders must be complied with promptly. Maness v. Meyers, 419 U.S. 449, 458, 42 L. Ed. 2d 574, 95 S. Ct. 584 (1975); Jim Walter Resources, Inc. v. International Union, United Mine Workers, 609 F.2d 165, 168 (5th Cir. 1980). A person is in contempt when he fails to take all reasonable steps within his power to comply with the Court's order. Shuffler v. Heritage Bank, 720 F.2d 1141, 1146-47 (9th Cir. 1983). It is undisputed that defendant and his counsel represented to the Court that they possessed $5,400 which they were prepared to use immediately to pay towards partial restitution. (S 5, 17, 23, 36 & 48). It was, therefore, reasonable and within defendant's power to hand over the $5,400 immediately upon the February 27, 1986, sentencing, particularly since Mr. Halleck literally waved the money before the Court saying that defendant was prepared to pay restitution at least in that amount on that day.
The Court's power to impose sanctions for civil contempt are limited to compelling or coercing defendant to obey a Court Order and compensating the contemnor's adversary for injuries resulting from the contemnor's noncompliance. Shuffler, 720 F.2d at 1147; see also Wright, Federal Practice & Procedure, Criminal 2d, § 704. The Court cannot, however, punish a defendant guilty of civil contempt for reasons not strictly related to these two purposes. In this case, the $5,400 has been paid into the Court's registry. Thus, the defendant is no longer in contempt, and, the Court, therefore, need not impose any sanctions, at this time, to coerce the defendant to pay the $ 5,400. The Court will not impose sanctions in the form of imprisonment on defendant for obstructing the administration of justice and disobeying an order of the Court by not immediately paying the $5,400. The Court does not, however, make any findings regarding the balance of $57,100 as that issue was not before the Court. See Show Cause Order of Mar. 6, 1986.
The Court hereby orders, for the reasons set forth above, that defendant is guilty of civil contempt, but finds that the sanctions within its power are not appropriate in this instance. The Court further orders that the $ 5,400, currently in the Court's registry, be paid to the Attorney General as stated in the Court's orders of February 27, 1986 and March 6, 1986.
The Court has before it the government's motion to hold defendant in civil contempt and defendant's opposition thereto. After careful and thorough consideration of the record in this case and the parties memoranda, it is, by the Court, this 22nd day of August, 1986,
ORDERED, that defendant is guilty of civil contempt for obstructing the administration of justice and disobeying an Order of the Court, and,
FURTHER ORDERED, that the $5,400 currently in the registry of the Court be paid to the Attorney General.
On August 26, 1986, the Court had issued an Order directing that the $5400 currently in the Court registry be paid to the Attorney General, but had inadvertently failed to mention that the interest on this amount should also be paid to the Attorney General. To resolve the situation, the Court issues this supplemental Order. Accordingly, it is, by the Court is 27th day of August,
ORDERED, that the Court's prior Order of August 26, 1986 is supplemented, and, it is,
FURTHER ORDERED, that the interest on the $5400 currently in the registry of the Court be paid to the Attorney General for transmittal to the complaining witness, Ms. Joan Pierotti.
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