Filed: Jun. 05, 2014
Latest Update: Jun. 05, 2014
Summary: STIPULATION AND ORDER REGARDING RESTITUTION TROY L. NUNLEY, District Judge. I. BACKGROUND On April 10, 2014, the Court sentenced the defendant to 38 months in prison. He is scheduled to self-surrender on June 5, 2014. At the time of sentencing, the government requested a restitution hearing pursuant to 18 U.S.C. 3664(d)(5). At the time, the government had received three restitution requests. At the time of sentencing, two of those requests had been retracted by the victims after reachin
Summary: STIPULATION AND ORDER REGARDING RESTITUTION TROY L. NUNLEY, District Judge. I. BACKGROUND On April 10, 2014, the Court sentenced the defendant to 38 months in prison. He is scheduled to self-surrender on June 5, 2014. At the time of sentencing, the government requested a restitution hearing pursuant to 18 U.S.C. 3664(d)(5). At the time, the government had received three restitution requests. At the time of sentencing, two of those requests had been retracted by the victims after reaching..
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STIPULATION AND ORDER REGARDING RESTITUTION
TROY L. NUNLEY, District Judge.
I. BACKGROUND
On April 10, 2014, the Court sentenced the defendant to 38 months in prison. He is scheduled to self-surrender on June 5, 2014. At the time of sentencing, the government requested a restitution hearing pursuant to 18 U.S.C. § 3664(d)(5). At the time, the government had received three restitution requests. At the time of sentencing, two of those requests had been retracted by the victims after reaching a private settlement with the defendant. A third request, by Does I through V in the "8 Kids" series of child pornography, was still pending and subject to ongoing settlement negotiation by the parties. The Court ordered a restitution hearing to be set for June 12, 2014.
On April 14, 2014, the defendant and the attorney representing Does I through V reached a settlement agreement. Pursuant to that agreement, Does I through V would retract their request for an order of restitution upon receipt of the settlement funds. In the interim, the government received a fourth request for restitution from victim "Amy," the victim depicted in the "Misty" series of child pornography.
Pursuant to additional negotiation between the defendant and "Amy's" attorneys, the defendant agreed to pay restitution as follows: an initial lump sum which has already been paid directly by the defendant to "Amy" via her attorneys, plus $2,000 to be paid via the Court pursuant to a formal restitution order as follows:
$1,000 to be paid on or before June 22, 2014;
$200 to be paid on or before July 22, 2014;
$200 to be paid on or before August 22, 2014;
$200 to be paid on or before September 22, 2014;
$200 to be paid on or before October 22, 2014;
$200 to be paid on or before November 22, 2014.
II. STIPULATIONS
The parties, Michael W. Collins by and through his attorney Michael Hansen, and the United States, by and through its attorney Matthew Morris, hereby agree and stipulate as follows:
A. Modify Judgment
The parties stipulate and request that the Court enter an Amended Order of Judgment and Commitment (AO 425C) adding a restitution order as follows:
Payee: Amount of Loss: Restitution Ordered: Percentage:
"Amy" $2,000 $2,000, payable per the stipulated schedule 100%
B. Vacate Restitution Hearing
The parties stipulate and request that the Court vacate the Restitution Hearing scheduled for June 12, 2014, and vacate any briefing schedules associated with that hearing.
SO STIPULATED.
ORDER
Pursuant to the parties' stipulation, and good cause appearing, the Court hereby ORDERS that:
1. The Restitution Hearing scheduled for June 12, 2014, is vacated, as are any briefing deadlines associated with said hearing.
2. The defendant is ordered to pay, via the Clerk of the Court, $2,000 in restitution to the victim known as "Amy," from the "Misty" series of child pornography in the following schedule:
$1,000 to be paid on or before June 22, 2014;
$200 to be paid on or before July 22, 2014;
$200 to be paid on or before August 22, 2014;
$200 to be paid on or before September 22, 2014;
$200 to be paid on or before October 22, 2014;
$200 to be paid on or before November 22, 2014.
The restitution payments will be forwarded by the Clerk of the Court to: Marsh Law Firm PLLC; P.O. Box 4668 #65135; New York, NY 10163-4668.
SO ORDERED.
