United States v. Boal

LOKEN, Chief Judge.

The issue on appeal is whether a sentencing judge may order the clerk of court to pay money received to satisfy the government’s restitution lien to anyone other than the restitution victim identified in the judgment of conviction. We conclude that the judge has no such power because the applicable statutes and regulations impose a ministerial duty on the clerk to pay the restitution victim. Accordingly, we reverse a district court order, premised on the court’s view of the equities in this unusual situation, that sought to place the parties in their status quo ante by…