Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the District of the Northern Mariana Islands, Edward Manibusan, Superior Ct. Judge, Presiding. D.C. No. CR-02-00016-EM.
Patrick J. Smith, Esq., United States Attorney, Saipan, MP, for Plaintiff-Appellee.
Colin Fieman, Esq., FPDWA--Federal Public Defender's Office, Tacoma, WA, for Defendant-Appellant.
Before: D.W. NELSON, KLEINFELD, and FISHER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
The district court never converted its August 6, 2001 order issuing a preliminary injunction into a permanent injunction, nor did it indicate any intent for the preliminary injunction to continue beyond the entry of a final judgment. Therefore, the preliminary injunction expired upon entry of a final judgment on April 24, 2002. See Taylor v. United States, 181 F.3d 1017, 1022 n. 9 (9th Cir.1999); Sweeney v. Hanley, 126 F. 97, 99 (9th Cir.1903). Pangelinan cannot be held in criminal contempt of an expired injunction. Pangelinan's conviction for criminal contempt under 18 U.S.C. § 401(3) is
REVERSED.