Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Spinks

United States District Court, D. Utah

June 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CAULIN THOMAS SPINKS, Defendant.

          MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTIONS TO AMEND JUDGMENT AND COMMITMENT ORDER REGARDS RESTITUTION

          Ted Stewart United States District Judge

         This matter is before the Court on Defendant's Motions to Amend Judgment and Commitment Order Regards Restitution. For the reasons discussed below, the Court will deny Defendant's Motions.

         I. BACKGROUND

         Defendant pleaded guilty to bank fraud and aggravated identity theft. As part of his plea agreement, Defendant agreed to pay restitution. Defendant was sentenced on February 4, 2013. As part of his sentence, Defendant was ordered to pay restitution in the amount of $51, 484.00 Defendant now seeks to amend the restitution order. Defendant requests the ability to pay just $25, 000.00 towards his restitution, less than half the ordered amount. Defendant also requests that the remaining period of his supervised release be terminated.

         II. DISCUSSION

         “Congress through its enactment of the [Mandatory Victim Restitution Act] set up a specific and detailed scheme addressing the issuance and modification of restitution orders arising out of criminal prosecutions.”[1] 18 U.S.C. § 3664(o) “provides the means by which an order of restitution may be altered.”[2] That section provides:

A sentence that imposes an order of restitution is a final judgment notwithstanding the fact that-
(1) such sentence can subsequently be-
(A) corrected under Rule 35 of the Federal Rules of Criminal Procedure and section 3742 of chapter 235 of this title;
(B) appealed and modified under section 3742;
(C) amended under subsection (d)(5); or
(D) adjusted under section 3664(k); 3572, or 3613A; or
(2) the defendant may be resentenced under section 3565 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.