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

United States ) In The US District Court
‘ ) Cause No: District of Bggzgbjé
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DEFENDANTS RULE 36 MOTION
T0 AMEND JUDGEMENT CLETg BY ICT OF ARIZONA
K - Tc The Honorable Judge Of Said Court; _ -._m,e,,___. _ ,_
Comes now,S@£N gg]! , Defendant in the above ·
styled, numbered, and entitled cause, who would humbly move
this Court to hear and grant the relief requested for the follow-
ing reasons to wit:
;_ .
On g' {Hug: SH gyj , Defendant was sentenced to
[Q XEBES, and ordered to pay a restitution fee in the amount
of Sig QQ;) dollars.
II-
Defendant would request this Court to Amend Judgement pursuant
to Title 18 USCA 3664 (a)(e), as Defendant cannot pay the restitution
amount due him to pay within the statutory mandated timeframes.
See, US v. Mahoney B59F2d 47,52 (7th Circuit 1988) stating
"An impossible order of restitution...is nothing but a sham,
for the Defendant has no chance of complying with the same,
thus defeating any hope of_restitution and impending the rehabilitation
process". See also the precedent case of US v. Remillong 55
F3d 572 (11th Cir 1995), also Us v. Siegal 153 F3d 1256 (11th
Case 2:03-cr-00849-JAT Document 54 Filed O1/23/2006 Page10f3

Cir 1998).- n » i ‘ · ' I A ;,M
` ‘ III.- e I
. C Defendant realistically cannot pay the restitution of
dollars as attested to his finacial statement "Attachment if
C A", thusly this amount of restitution makes it impossible for,
the Defendant to pay it off wdthin the next 400 years.
. Iv. ;
C * ``'il mi ` Therefofé0”thi§“Defendant humbly request that this Cburti N
n issue its Amended Judgement stating, "Restitution is payable . C
i upon Defendants release."
If this Court will not amend its judgement, then Defendant
would request that the proper form for appellate proceedure
be included with this Courts denial of such relief.
Respectfully submitted this lgLday of;TgpHggk{,200é.-
_ L s r y ° #8lO)-`$OOgy
P;O. Box 26030
u "- i " i' Beaumont, TX. 77720-6030 _
Case 2:03-cr-00849-JAT Document 54 Filed O1/23/2006 Page20f3

ATTACHMENT "A"
Defendant in this case do hereby
swear/affirm that I make ¢ per hour in my job here at the
pprison, and only make $|@hgQ dollars per month. my cost
of living for my neccessities is $325,gg) dollars per month.
I declare under the penalty of perjury that the foregoing
is true and correct to the best of my knowledge. A
Dated this |Q‘day of lgmgggggt 72006:
#<.>40¤.2’0c26’ ‘
P.0. Box 26030
A Beaumont, TX. 77720-6030 e
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