Legal Opinion

United States v. Hyde

Court of Appeals for the First Circuit

Decided August 7, 2007No. 05-2897PublishedCited by 13 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This case requires us to decide whether a restitution order under the Mandatory Victims Restitution Act, codified in relevant part at 18 U.S.C. § 3613 (“MVRA”), allows the government to garnish the sale proceeds of a house that the debtor had attempted to exempt from the reach of creditors in a Chapter 7 federal bankruptcy proceeding. Finding that the government has such authority, we affirm the district court’s order allowing the government to enforce its writ of garnishment.

I

For nearly two decades, appellant Phillip Hyde, a Massachusetts resident, fraudulently received…

2Cases cited13 opinions

  1. United States v. RodgersSupreme Court of the United States · 1983
  2. Cisneros v. Alpine Ridge GroupSupreme Court of the United States · 1993
  3. United States v. Stefan IrvingCourt of Appeals for the Second Circuit · 2006
  4. United States v. Raymond P. NovakCourt of Appeals for the Ninth Circuit · 2007
  5. Shambaugh v. ScofieldCourt of Appeals for the Fifth Circuit · 1942

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

3Cited by13 opinions

  1. United States v. HoskingCourt of Appeals for the Seventh Circuit · 2009
  2. Pasquina v. CunninghamCourt of Appeals for the First Circuit · 2008
  3. Field v. NapolitanoCourt of Appeals for the First Circuit · 2011
  4. United States v. Robinson (In Re Robinson)Court of Appeals for the Sixth Circuit · 2014
  5. United States v. Gary FranceCourt of Appeals for the Seventh Circuit · 2015

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

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