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U.S. v. Egan, 2:01-CR-00240-KJD-PAL (2018)

Court: District Court, D. Nevada Number: infdco20180518d34 Visitors: 10
Filed: May 17, 2018
Latest Update: May 17, 2018
Summary: ORDER KENT J. DAWSON , District Judge . Presently before the Court are Defendant's Motions Requesting the Court Suspend Restitution and Court Assessment and Fines Pending Release (#79/41) filed in the cases above respectively. The Government filed responses in opposition (#80/43). Defendant was ordered to pay his restitution and at the rate of 33% of his earnings while incarcerated (for 137 months in 2:11-CR-00216-KJD-VCF which runs consecutive to his revocation in 2:01-CR-00240-KJD-VCF).
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ORDER

Presently before the Court are Defendant's Motions Requesting the Court Suspend Restitution and Court Assessment and Fines Pending Release (#79/41) filed in the cases above respectively. The Government filed responses in opposition (#80/43).

Defendant was ordered to pay his restitution and at the rate of 33% of his earnings while incarcerated (for 137 months in 2:11-CR-00216-KJD-VCF which runs consecutive to his revocation in 2:01-CR-00240-KJD-VCF). Restitution orders are enforced in accordance with 18 U.S.C. § 3664. However, Defendant does not meet any of the criteria cited by that section and he has not cited any authority for his request. To the extent that he is arguing that a material change has affected his ability to pay restitution, Defendant has not met his burden in establishing a material change.

Accordingly, IT IS HEREBY ORDERED that Defendant's Motions Requesting the Court Suspend Restitution and Court Assessment and Fines Pending Release (#79/41) are DENIED.

Source:  Leagle

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