Free Order on Motion to Alter Judgment - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Steven McCarty, Defendant. ) ) CR 03-00849-1-PHX-JAT ) ) ) ) ORDER ) ) ) )

The Court has reviewed and considered Defendant's pro se Rule 36 Motion to Amend Judgment. Defendant was sentenced on June 8, 2004 to 168 months in the Bureau of Prisons. This sentence consisted of 84 months on Count 1 of the Indictment and Count 1 of the Information, to run concurrently, plus 84 months on Count 2 of the Indictment, to run consecutive to all other counts. The terms of imprisonment were followed by a term of 5 years supervised release on each count, all counts to run concurrently. Defendant was ordered to pay restitution to the victims in the amount of $18,333.00. Restitution was ordered to be paid under the Bureau of Prisons Inmate Financial Responsibility Program while incarcerated. Upon release from prison, defendant was ordered to pay restitution at the rate of $150 per month beginning 30 days following his release, with full payment due no
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later than 90 days prior to the expiration of supervised release. The Court notes that Appellant's motion for voluntary dismissal of his appeal with the 9th Circuit Court of Appeals was granted on 2/18/05. Defendant now requests that the Court amend the judgment to allow him not to pay restitution until he is released from custody. IT IS ORDERED denying Defendant's pro se Rule 36 Motion to Amend Judgment. The Court's prior order is affirmed. DATED this 3rd day of February, 2006.

cc:

Steven McCarty #81028008 P.O. Box 26030 Beaumont, TX 77720-6030

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