United States v. Gewin, No. 12-3097 (D.C. Cir. 2014)Annotate this Case
Defendant was convicted of various fraud charges, sentenced to nine years in prison, and ordered to pay restitution. Two years later, the sentencing court held a hearing because defendant paid only a negligible amount toward his fine and restitution. Defendant subsequently paid with a fictitious International Bill of Exchange that he created. In 2007, the district court held a hearing to determine whether defendant should be held in civil contempt until he made the payment. Defendant appeared pro se, asserted no defense, was held in contempt, and remained incarcerated for the next five years. In 2012, the district court ruled that defendant had not met his burden of making out an inability-to-comply defense, and ordered defendant's contempt status continued. The court concluded that it lacked jurisdiction to hear defendant's various challenges to the district court's 2007 order because defendant failed to timely appeal that order. With regard to the 2012 proceedings, the court held that defendant waived any due process right to counsel he may have had. The court denied defendant's remaining challenges and affirmed the judgment of the district court.