United States v. Hickman

330 F. Supp. 3d 921
CourtDistrict Court, W.D. New York
DecidedAugust 27, 2018
Docket6:14-CR-06160 EAW
StatusPublished

This text of 330 F. Supp. 3d 921 (United States v. Hickman) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hickman, 330 F. Supp. 3d 921 (W.D.N.Y. 2018).

Opinion

ELIZABETH A. WOLFORD, United States District Judge

Presently before the Court is the Government's motion to authorize payment *922from defendant Harris Hickman's ("Defendant") inmate trust account in order to satisfy the criminal monetary obligations imposed by the judgment against Defendant in this case. (Dkt. 66). Defendant, proceeding pro se , opposes the motion. (Dkt. 67). Because the Government has failed to present sufficient proof of Defendant's alleged default in his payment obligations, the Court denies the Government's motion without prejudice. (Dkt. 66).

BACKGROUND

Following a guilty plea, Defendant was convicted of sex trafficking of a minor in violation of 18 U.S.C. § 1591(a)(1) and (b)(2). (Dkt. 60 (Plea Agreement); Dkt. 63 (Judgment) ). On November 21, 2016, this Court sentenced Defendant to a total of 188 months' imprisonment, followed by five years of supervised release. (Dkt. 63 at 2-3). The Court also ordered Defendant to pay a fine of $3,000 and a mandatory special assessment of $100. (Id. at 5). Defendant's fine was due according to the following schedule:

While incarcerated, if the defendant is non-UNICOR or UNICOR grade 5, the defendant shall pay installments of $25 per quarter. If assigned grades 1 through 4 in UNICOR, the defendant shall pay installments of 50% of the inmate's monthly pay. While on supervision, the defendant shall make monthly payments at the rate of 10% of monthly gross income.

(Id. at 6). Defendant's special assessment was "due immediately," with payment to begin under the Bureau of Prison's ("BOP") Inmate Financial Responsibility Program. (Id. ). No restitution was requested or ordered as part of Defendant's sentence. Defendant did not appeal his conviction or sentence.

On April 4, 2018, the Government moved for an order authorizing the BOP to turn over $3,100.00 of the funds held in Defendant's inmate trust account to the Clerk of Court as payment of Defendant's outstanding criminal monetary penalties (the fine and special assessment). (Dkt. 66). According to the Government, as of the date of the motion, Defendant had not made any payments toward either the fine or the special assessment, but he had $3,467.32 in an inmate trust account maintained by the BOP. (Id. at ¶¶ 3, 5). The Government submitted no evidentiary proof in support of its motion, which was unsworn. (See id. ).

On April 19, 2018, Defendant responded in opposition to the Government's motion. (Dkt. 67). In a similarly unsworn filing lacking any evidentiary support, Defendant represents that "on April 8, 2018, the BOP 'disbursed' $25.00 from [his] Inmate Trust Fund Account, 'finally' complying with this Honorable Court's original [judgment]." (Id. at 3). He represents that the funds in the account have come from his mother's estate and asks the Court to take $1,600.00 from his account, and, of that amount, apply $100.00 toward the special assessment and $1,500.00 to the fine. (Id. at 2). He asks that the Court not seize the remaining $1,500.00 that would be owed on the fine, arguing that he is incarcerated until 2028, "which is ample time to pay for the balance that is or would be due." (Id. at 3). He proposes that the balance of $1,500.00 be paid quarterly. (Id. at 4).

DISCUSSION

"A defendant who has been found guilty of an offense may be sentenced to pay a fine." 18 U.S.C. § 3751(a). When determining whether to impose a fine, a court should consider several factors set forth in 18 U.S.C. § 3572(a), in addition to those set forth in 18 U.S.C. § 3553(a). See id. § 3572(a). The § 3572(a) factors include, inter alia , "the defendant's income, earning capacity, and financial resources" and "the burden that the fine will impose upon the defendant, any person who is financially *923dependent on the defendant, or any other person (including a government) that would be responsible for the welfare of any person financially dependent on the defendant, relative to the burden that alternative punishments would impose." Id. § 3572(a)(1), (2).

When a defendant does not make payment of a fine, 18 U.S.C. § 3613 provides "[c]ivil remedies for satisfaction of an unpaid fine." Section 3613(a) provides that "[t]he United States may enforce a judgment imposing a fine in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law." Id. § 3613(a). Further, "a judgment imposing a fine may be enforced against all property or rights to property of the person fined," with certain exceptions not relevant here. Id. Under 18 U.S.C. § 3613(c), "[a] fine ... is a lien in favor of the United States on all property and rights to property of the person fined as if the liability of the person fined were a liability for a tax assessed under the Internal Revenue Code of 1986." Id. § 3613(c).

Under 18 U.S.C. § 3613A, entitled "Effect of default," a court is authorized to "take any other action necessary to obtain compliance with the order of a fine or restitution" if it finds that a defendant is in default on a payment of a fine. Id. § 3613A(a)(1).

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Cite This Page — Counsel Stack

Bluebook (online)
330 F. Supp. 3d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hickman-nywd-2018.