Holding that a prior appellate opinion, which overturned the claimant's contempt conviction because the scheduling order with which he failed to comply was not sufficiently specific to compel his attendance, "ma[de] clear" that the claimant's conduct did not constitute a crime, satisfying the second of the two ways to meet the second requirement of section 2513
The district court denied the petition, finding that Betts had brought about his own prosecution through "misconduct or neglect." Betts v. United States, 770 F. Supp. 457 (C.D.Ill. 1991); see 28 U.S.C. ยง 2513(a)(2). We reverse.