Filed: Mar. 07, 2019
Latest Update: Mar. 07, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION [21] AND DENYING DEFENDANT'S MOTION TO SET ASIDE RESTITUTION [16] ARTHUR J. TARNOW , Senior District Judge . Ms. Mitchell pled guilty to conspiracy to commit credit card fraud on January 9, 2001. On May 8, 2001, the Court ordered her to pay $1,500,000 in restitution, jointly and severally, with 14 co-defendants. She filed a motion to set aside the Court's order of restitution on May 5, 2012 [Dkt. 16]. A hearing was held on February 5, 2013. On Janua
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION [21] AND DENYING DEFENDANT'S MOTION TO SET ASIDE RESTITUTION [16] ARTHUR J. TARNOW , Senior District Judge . Ms. Mitchell pled guilty to conspiracy to commit credit card fraud on January 9, 2001. On May 8, 2001, the Court ordered her to pay $1,500,000 in restitution, jointly and severally, with 14 co-defendants. She filed a motion to set aside the Court's order of restitution on May 5, 2012 [Dkt. 16]. A hearing was held on February 5, 2013. On Januar..
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ORDER ADOPTING REPORT AND RECOMMENDATION [21] AND DENYING DEFENDANT'S MOTION TO SET ASIDE RESTITUTION [16]
ARTHUR J. TARNOW, Senior District Judge.
Ms. Mitchell pled guilty to conspiracy to commit credit card fraud on January 9, 2001. On May 8, 2001, the Court ordered her to pay $1,500,000 in restitution, jointly and severally, with 14 co-defendants. She filed a motion to set aside the Court's order of restitution on May 5, 2012 [Dkt. 16]. A hearing was held on February 5, 2013.
On January 18, 2019, the Magistrate Judge issued a Report and Recommendation (R&R) advising the Court to deny the motion [21]. Though Ms. Mitchell pleads economic hardship, the R&R cites 18 U.S.C. § 3664(f)(1)(A) for the proposition that the restitution order was final, and that the Court has no authority to set it aside. Plaintiff has not objected to the R&R.
The Court having reviewed the record, the Report and Recommendation [21] is hereby ADOPTED and entered as the findings and conclusions of the Court.
IT IS ORDERED that Defendant's Motion to Set Aside Restitution in Criminal Case 00-80318-13 [16] is DENIED.
SO ORDERED.
