U.S. v. Sweatt

Dist. Ct. abused its discretion in denying defendant’s motion under 18 USC section 3664(k) to modify terms of his $20,038.52 restitution obligation due to change in his financial circumstances while in prison. Record showed that prior to defendant filing instant motion, government successfully moved to have Bureau of Prisons to turn over $600 from defendant’s $1,100 prison account to partially satisfy restitution order, and that defendant became unable to earn money while in prison due to recent hip replacement surgery. While Dist. Ct. based denial on defendant’s failure to identify source of authority to modify restitution order, Ct. of Appeals found that section 3664(k) allowed Dist. Ct. to modify restitution order, and that remand was required to allow Dist. Ct. to address defendant’s motion, where, as here, defendant did not seek to alter fact or amount of restitution order or to usurp Bureau’s exclusive authority to impose pre-release payment plan.