Filed: Jun. 07, 2019
Latest Update: Jun. 07, 2019
Summary: ORDER J. RANDAL HALL , Chief District Judge . Before the Court is the Government's Motion to Substitute Restitution Payee. (Doc. 47.) Elise Leila Wheatley, one of the original restitution payees (Criminal Case J., Doc. 19, at 6), passed away on April 3, 2019. (Death Certification, Doc. 47-2.) The Government moves to substitute Leonard Palmer Wheatley Jr., son of Ms. Wheatley and executor of her estate (Doc. 47-1), as restitution payee in Ms. Wheatley's stead. Pursuant to 18 U.S.C. 3663A(
Summary: ORDER J. RANDAL HALL , Chief District Judge . Before the Court is the Government's Motion to Substitute Restitution Payee. (Doc. 47.) Elise Leila Wheatley, one of the original restitution payees (Criminal Case J., Doc. 19, at 6), passed away on April 3, 2019. (Death Certification, Doc. 47-2.) The Government moves to substitute Leonard Palmer Wheatley Jr., son of Ms. Wheatley and executor of her estate (Doc. 47-1), as restitution payee in Ms. Wheatley's stead. Pursuant to 18 U.S.C. 3663A(a..
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ORDER
J. RANDAL HALL, Chief District Judge.
Before the Court is the Government's Motion to Substitute Restitution Payee. (Doc. 47.) Elise Leila Wheatley, one of the original restitution payees (Criminal Case J., Doc. 19, at 6), passed away on April 3, 2019. (Death Certification, Doc. 47-2.) The Government moves to substitute Leonard Palmer Wheatley Jr., son of Ms. Wheatley and executor of her estate (Doc. 47-1), as restitution payee in Ms. Wheatley's stead.
Pursuant to 18 U.S.C. § 3663A(a)(2), "[i]n the case of a victim who is . . . deceased, the . . . representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights" to restitution. Upon due consideration, the Court finds Mr. Wheatley is a proper person to acquire Ms. Wheatley's rights as restitution payee. Therefore, the Government's Motion to Substitute Restitution Payee (Doc. 47) is GRANTED, and the Court ORDERS that Leonard Palmer Wheatley Jr. be substituted as the restitution payee in place of Elise Leila Wheatley. IT IS FURTHER ORDERED that all future restitution payments due to Ms. Wheatley be made payable to Mr. Wheatley and mailed to his address on record with the Clerk.
ORDER ENTERED.
