United States v. Roush
District Court, N.D. Texas
1Opinion of the Court
ORDER
GODBEY, District Judge.
This case presents a recurring issue in harmonizing the statutory terms regarding restitution and the payment schedule in a criminal judgment. Before the Court are Defendant Roush’s motion to quash garnishment and Garnishee JP Morgan Chase Bank, N.A.’s (“Chase”) counterclaim for attorneys’ fees. The government claims that at any time it can collect the full amount of restitution, without needing court approval; because that ability would be inconsistent with the judicial control over timing of restitution set forth in the statute, as well as the language in the…
2Cases cited7 opinions
- In Re: HornsbyCourt of Appeals for the Fifth Circuit · 2002
- United States v. Frederick Charles MillerCourt of Appeals for the Fifth Circuit · 2005
- United States v. Elvis C. StoutCourt of Appeals for the Fifth Circuit · 1994
- United States v. JamesDistrict Court, E.D. Virginia · 2004
- United States v. Laulette Marie LoveCourt of Appeals for the Fifth Circuit · 2005
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3Cited by11 opinions
- United States v. David HughesCourt of Appeals for the Fifth Circuit · 2019
- United States v. BeulkeDistrict Court, D. South Dakota · 2012
- United States v. ClaytonDistrict Court, E.D. Louisiana · 2009
- Randy Alan Carpenter v. CommissionerUnited States Tax Court · 2019
- USA v. Steve HuardDistrict Court, D. New Hampshire · 2017
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