Legal Opinion
United States v. Martinez
Court of Appeals for the Tenth Circuit
Decided December 16, 2015No. 14-2203, 14-2209PublishedCited by 22 opinions
1Opinion of the Court
BACHARACH, Circuit Judge.
At sentencing, the district court ordered Mr. Toby Martinez to pay restitution through monthly installments. Nonetheless, the court later allowed the government to garnish Mr. Martinez’s retirement accounts, which exceeded what Mr. Martinez owed in installments at the time. Mr. Martinez and his wife (Ms. Sandra Martinez) contest the garnishments, arguing in part that the government cannot enforce payments that are not yet due under Mr. Martinez’s court-ordered payment schedule. We agree with Mr. and Ms. Martinez and conclude that the district court erred by allowing…
2Cases cited10 opinions
- United States v. AhidleyCourt of Appeals for the Tenth Circuit · 2007
- United States v. David ProutyCourt of Appeals for the Eleventh Circuit · 2002
- United States v. MarquezCourt of Appeals for the Tenth Circuit · 2003
- Dang v. Unum Life Insurance Co. of AmericaCourt of Appeals for the Tenth Circuit · 1999
- United States v. Laina Jeanne YoungCourt of Appeals for the Tenth Circuit · 1995
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. David HughesCourt of Appeals for the Fifth Circuit · 2019
- United States v. HoldenCourt of Appeals for the Ninth Circuit · 2018
- Public Service Co. of New Mexico v. BarboanCourt of Appeals for the Tenth Circuit · 2017
- United States v. SaemischCourt of Appeals for the First Circuit · 2023
- United States v. Jack HoldenCourt of Appeals for the Ninth Circuit · 2018
17 more not listed; retrieve them via the Exa API.