Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

CASE NO. CR O3-OO153-002
HONORABLE JUDGE: JAMES A. TEILBORG
UNITED STATES DISTRICT COURT V FWED
wnsrmzu DISTRICT or Anxzoru I ‘ -.*09*350
p RECEVED Cgpy
PHOENIX DIVISION “`”
FEB 2 6 2007
- CLERK U S DISTRICT COURT
United States of America, BY DMUTCTOFAREQNA
Plaintiff , I
-yS-
Gary Cooper,
Defendant,
MOTION TO DEFER RESTITUTION PAYMENTS
FROM TERM OF CURRENT IMPRISONMENT,
TO TERM OF SUPERVISED RELEASE

_ COMES NOW, Gary Cooper, #80332—008, Defendant herein act-
ing In Pro Se, Respectfully moving thissHonorable Court by way of
`MOTION TO DEFER RESTITUTION PAYMENTS FROM TERM OF CURRENT IMPRISON—
MENT, T0 TERM OF SUPERVISED RELEASE. In furtherance of said motion
Defendant, request liberal construction with this pleading as he is
acting Pro Se. Boag v. Macdougal, 454 U.S. 364, 70 L.ED.2d 551,_102
S.Ct 700 (1982). y
Defendant, in support of Motion avers the following:
Case 2:03-cr-00153-JAT Document 206 Filed O2/26/2007 Page 1 of 3

1.. On or about March 15, 2004, Honorable Judge: James A.
Teilborg, imposed Defendant's sentence as well as Ordered Defendant
` to pay restitution in the amount of $34, 414.58. In Defendant's
judgement and commitment Order, this Honorable Court set no payment
schedule, however the Court did state that if the Court imposes an.
imprisonment term, Payment of criminal monetary penalties shall be
1 ( due during the period of imprisonment. . J
2. · Defendant, mainatins that, by placing this provision in Def-
endant's Judgement and Commitment Order, it places the power to sch-
edual restitution payments in control of the Bureau of Prisons. Con-
sidering other various Courts have held that the Honorable District
Court's "NOT“ delegate IFRP auounts and scheduai to either the BOP
(Bureau of Prisons) or the Probation office as this is a function
that the District Courts must carry out. See: - (
UNITED STATES V. MILLER 77 F.3d 71 (4th Cir. 1996); UNITED STATES V.
PORTER,41 F.3d 68 (2nd Cir. 1994); UNITED STATES V. HORTIHOR, 94 F.3d
@Hd cir. 1996); UNITED STATES v zm1 cir.
1997); UNITED STATES V. BURGESS, UNPUBLISHED (6th Cir. 2003).
3. The Defendant, is currently unable to make any payments due
to lack of income. Presently the defendant is only making ¢I12 an- -
hour and recieves very little financial help from family. Defendant
continuously makes an honest effort to comply with his restitution h
lresponability however it is not much. U 4 _
4. The BOP (Bureau of Prisons) has forced Defendant to comply by
way of signing a contract with them demanding a minimum of $55.00
per month. U ·
Case2:O3—cr—OO153-JAT Document 206 Filed O2/26/2007 Page20f3

4K`§4
5r Defendant, by way of signing said contract with BOP to
pay "their" determined amount of $55.00 a month is subjected to
sanction/punishment if Defendant cannot meet BOP's $55.00 demanded
_ payment. Such punishmentjsanction consist of beinn placed at the
bottom his his pay scale i.e. ¢.l2 (already) and loss of shopping
priveleged, just to name a few. Defendant cannot be considered for
community placement in the future dmttovthis status as well. no
can Defendant be considered for camo statustas this also bears weinht
on Defendants classification. All of these are attributable to BOP
assesment and enfoced payment plan and considering Defendant is un-
able to meet their demands he is denied the above mentioned however
those inmates who can meet BOP's demands are intitled to all of the
above.
6. Defendant respectfully request in light of the above mentioned
demands of the BOP, thattthis honorable Court remove/change the m
method of restitution payments, in accordance with above cited
1 authorities.
WHEREFORE Defendant Gary Cooper, #80332-008, prays that this
· honorable Court Grant his Motion by way of ORDER that Defendant make
restitution payments upon his release on Supervised release and m
mandate that the BOP stop/revoke their contract of $55.00 per month
with Defendant immediately.
Respectfully Submitted by;
°“E‘ /3//5/%
cC_ file ggieggagg In Pro Se
Box 1000
Milan, Michigan 48160
Case 2:03-cr-00153-JAT Document 206 Filed O2/26/2007 Page3of3

Case 2:03-cr-00153-JAT

Document 206

Filed 02/26/2007

Page 1 of 3

Case 2:03-cr-00153-JAT

Document 206

Filed 02/26/2007

Page 2 of 3

Case 2:03-cr-00153-JAT

Document 206

Filed 02/26/2007

Page 3 of 3