Legal Opinion

United States v. DeCay

Court of Appeals for the Fifth Circuit

Decided September 20, 2010No. 09-30218PublishedCited by 28 opinions

1Opinion of the Court

HAYNES, Circuit Judge:

Kerry DeCay, Stanford Barre, and the Louisiana Sheriffs Pension and Relief Fund (“LSPRF”) appeal the district court’s order granting garnishment of Decay’s contributions to and Barre’s monthly benefits from state pension funds held by the LSPRF. We conclude that the United States may garnish DeCay’s and Barre’s retirement benefits to satisfy a criminal restitution order, but that the United States is limited to garnishing twenty-five percent of Barre’s monthly pension benefit. Accordingly, we REVERSE the district court’s entry of the final garnishment orders as to Barre,…

2Cases cited29 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  3. New York v. United StatesSupreme Court of the United States · 1992
  4. Northeastern Florida Chapter of the Associated General Contractors of America v. City of JacksonvilleSupreme Court of the United States · 1993
  5. Patterson v. ShumateSupreme Court of the United States · 1992

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3Cited by28 opinions

  1. United States v. Robinson (In Re Robinson)Court of Appeals for the Sixth Circuit · 2014
  2. Humphrey v. United Way of the Texas Gulf CoastDistrict Court, S.D. Texas · 2011
  3. United States v. LeeCourt of Appeals for the Seventh Circuit · 2011
  4. United States v. BeulkeDistrict Court, D. South Dakota · 2012
  5. James Alford v. Kuhlman CorporationCourt of Appeals for the Fifth Circuit · 2013

23 more not listed; retrieve them via the Exa API.

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