SUSAN RICHARD NELSON, District Judge.
The above matter is before the Court upon the motion for issuance of a restitution order by the government. An evidentiary hearing on this matter was held on April 27, 2016. Counsel for the government and for Defendant Charles James Jones appeared and Mr. Jones attended via video conference from the Federal Correctional Institution in Greenville, Illinois. Based on a review of the file, record, and proceedings herein, the motion is granted.
On March 10, 2015, a jury convicted Jones of Second Degree Murder, in violation of 18 U.S.C. § 1111, in the death of Sholanda Clark. At the October 30, 2015 sentencing, the Court adopted the presentence investigation report, which indicated that pursuant to 18 U.S.C. § 3663A, restitution was mandatory, but the amount had not been determined as of the filing of the report. (Sentencing Tr. at 11, 34 [Doc. No. 150].) Jones was sentenced to a term of imprisonment and the determination of restitution was deferred until a later date. (
It appears that the parties initially attempted to stipulate to the restitution amount, but due to difficulties experienced by counsel for both sides, on January 22, 2016, the Court scheduled a teleconference for February 1, 2016 to discuss restitution [Doc. No. 152]. Following the February 1 teleconference, when it appeared that the parties were unable to stipulate to restitution, the Court set a restitution hearing for April 27, 2016 [Doc. No. 157].
In its request for restitution, the Government seeks restitution in the amount of $2,271.74 on behalf of crime victim Kileen L. Weise, mother of Ms. Clark, the murder victim. Ms. Weise provided a notarized Request for Restitution and Affidavit, as well as documentation supporting her claim. (
The Mandatory Victim Restitution Act (MVRA) requires the Court to order restitution when sentencing a defendant who is convicted of an offense that causes pecuniary loss to a victim.
When the amount of losses are not ascertainable at sentencing, the MVRA requires a final determination of restitution within 90 days of sentencing. 18 U.S.C. § 3664(d)(4). The Eighth Circuit has observed that, "The primary and overarching goal of the MVRA is to make victims of crime whole, to fully compensate these victims for their losses and to restore these victims to their original state of well-being."
The Court finds that the government has shown by a preponderance of the evidence that the victim is due restitution in the amount of $2,271.74.
1. That an amended sentencing judgment be entered reflecting restitution in the amount of $2,271.74 to be distributed to Kileen L. Weise in accordance with this order;
2. Over the period of incarceration, Defendant shall make payments towards his restitution obligation of either quarterly installments of a minimum of $25 if working non-UNICOR or a minimum of 50 percent of monthly earnings if working UNICOR. It is recommended that defendant participate in the Inmate Financial Responsibility Program while incarcerated; and
3. Payments of not less than $50 per month are to be made over a period of 5 years commencing 30 days after release from confinement. Payments are to be made payable to the Clerk, U.S. District Court, for disbursement to the victim. The interest requirement is waived.