U.S. v. Meux

Federal 7th Circuit Court
Criminal Court
Restitution
Citation
Case Number: 
No. 09-1430
Decision Date: 
February 26, 2010
Federal District: 
N.D. Ind., S. Bend Div.
Holding: 
Affirmed
Magistrate Judge did not err in granting govt.'s motion for turnover of $4,881 in defendant's funds seized by govt. in unrelated criminal matter to partially satisfy $134,218.52 restitution order in instant case. Ct. rejected defendant's claim that motion for turnover was improper vehicle for obtaining instant funds, and that govt. was required to file motion for garnishment under 28 USC section 3205 of Federal Debt Collection Procedures Act. Moreover, liens based on restitution orders are effective against every interest in property accorded to defendant by state law, and thus $4,881 was subject to lien to satisfy restitution obligation.