758. Characterization of the Action When Both Criminal and Civil Contempts Elements are Present

When a contempt action is not clearly specified as criminal or civil and a single order is entered granting both punitive and remedial relief, the criminal feature of the order is dominant and fixes its character for purposes of review. See Penfield Co. v. SEC, 330 U.S. 585, 591 (1947); Union Tool Co. v. Wilson, 259 U.S. 107, 110 (1922); Falstaff Brewing Corp. v. Miller Brewing Co., 702 F.2d 770, 778 (9th Cir. 1983).

[cited in JM 9-39.000]