Mullally

MEMORANDUM *

Robert Mullally appeals his conviction and sentence for criminal contempt in violation of 18 U.S.C. § 401 . We affirm the conviction, but vacate the sentence and remand.

Although paragraphs 9 and 10 of the protective order are ambiguous in light of paragraph 1, paragraph 5 clearly and definitely indicates that the documents in Mullally’s possession had to be returned to the City Attorney’s office at the conclusion of the case. Mullally argues that paragraph 5 is vague because it fails to specify who has the obligation of returning the files, but any vagueness is immaterial given that it is clear they must be returned.

*191 Mullally’s contentions about the validity of the order are precluded by the collateral bar rule. In re Establishment Inspection of Hern Iron Works, Inc., 881 F.2d 722, 725-26 (9th Cir.1989); Walker v. City of Birmingham, 388 U.S. 307 , 87 S.Ct. 1824 , 18 L.Ed.2d 1210 (1967). The rule applies to orders, Hem Iron Works; the protective order here was an order of court, even though most of its terms were stipulated; and modification or review of the order was available, see, e.g., San Jose Mercury News, Inc. v. U.S. District Court, 187 F.3d 1096 ,…