Filed: Apr. 23, 2018
Latest Update: Apr. 23, 2018
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on Defendant's Motion for Release of Funds (Doc. 183), 1 and the government's Motion for Order Requiring Money Held by Law Enforcement Be Applied to Restitution, (Doc. 185). The Court held a hearing and discussed this matter with the parties, the record of which is incorporated herein. (Doc. 190). Upon reentering the United States from Dubai, United Arab Emirates, Defendant was apprehended at Orlando International
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on Defendant's Motion for Release of Funds (Doc. 183), 1 and the government's Motion for Order Requiring Money Held by Law Enforcement Be Applied to Restitution, (Doc. 185). The Court held a hearing and discussed this matter with the parties, the record of which is incorporated herein. (Doc. 190). Upon reentering the United States from Dubai, United Arab Emirates, Defendant was apprehended at Orlando International ..
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ORDER
TIMOTHY J. CORRIGAN, District Judge.
This case is before the Court on Defendant's Motion for Release of Funds (Doc. 183),1 and the government's Motion for Order Requiring Money Held by Law Enforcement Be Applied to Restitution, (Doc. 185). The Court held a hearing and discussed this matter with the parties, the record of which is incorporated herein. (Doc. 190).
Upon reentering the United States from Dubai, United Arab Emirates, Defendant was apprehended at Orlando International Airport based upon several arrest warrants, one of which was for violating the conditions of his supervised release in case 3:01-cr-239-J-32JBT. Upon his arrest, law enforcement seized $1,252.00 from Defendant's person. This money was transferred to the Jacksonville Sheriff's Office along with other evidence in this case. (Docs. 185, 190). Ultimately, Defendant was convicted in this case, and was found to have violated his supervised release in case 3:01-cr-239. As part of his sentence, Defendant was ordered to pay a Special Assessment of $2,800, due in full immediately, and restitution in the amount of $199,727.54, payable in $100 monthly installments beginning 60 days after his release from custody. (Doc. 187 at 6). Defendant now seeks the return of the money seized during his arrest, but the government seeks to have the funds applied to restitution. (Docs. 183, 185).
"An order of restitution may be enforced by the United States in the manner provided for in subchapter C of chapter 227 and subchapter B of chapter 229 of [Title 18]." 18 U.S.C. § 3664. Chapter 229, subchapter B states that a judgment ordering restitution creates a lien in favor of the government on all of a defendant's property. 18 U.S.C. § 3613. Accordingly, the funds held by the government in this case should be applied to Defendant's monetary obligations as outlined in the Judgment. (Doc. 187).
Applying the funds already within the government's control to the special assessment, restitution, or both does not run afoul of Federal Rule of Criminal Procedure 35(a), which disallows the modification of a sentence more than fourteen days after the oral announcement of sentence, because such application of funds `d[oes] not alter the amount or the payment schedule of the restitution portion of the criminal judgment." United States v. Wilson, 520 F. App'x 237, 237 (4th Cir. 2013).2
Accordingly, it is hereby
ORDERED:
1. Defendant's Motion for Release of Funds (Doc. 183) is DENIED.
2. The government's Motion for Order Requiring Money Held by Law Enforcement Be Applied to Restitution, (Doc. 185), is GRANTED. Not later than May 2, 2018, the government shall file a proposed order to effectuate the transfer of funds.
DONE AND ORDERED.
