No. 18-7122

Jeffrey Thomas Gola v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ability-to-pay Ability-to-pay-restitution BOP-jurisdiction-over-payment-plan bureau-of-prisons Consideration-of-18-USC-3664-factors constitutional-liberties Delegation-of-authority-to-BOP financial-responsibility mandatory-victims-restitution-act payment-schedule plain-error Plain-error-in-restitution-order restitution restitution-payment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-02-15
Question Presented (from Petition)

Is the BOP's Financial Responsibility Program, 28 C.F.R §54510-11, voluntary when constitutional liberties are taken for non-participation?

Does the district court have the authority to delegate to the Bureau of Prisons (BOP) it's authority to set a payment schedule for restitution payments?

Does the BOP or the district court consider the factors set forth in 18 USC §3664 when considering a payment schedule for restitution?

Did the district court commit plain error by imposing restitution without specifying a payment schedule in consideration of the factors in 18 USC §3664?

If the district court fails to set a payment schedule, does that then give the BOP jurisdiction to administer a payment plan of it's own?

Is it constitutional to order someone with no income to pay a restitution amount that exceeds their ability to pay in one lump sum, due immediately?

Did the district court commit plain error under Fed.R.CrimP. 52(b) in ordering defendant to pay restitution immediately instead of fixing a payment schedule as required by Mandatory Victims Restitution Act of 1996, Pub.LNo104-132, Title II, Subtitle A, §206, 110 5tat 1214, 1234 (1996)(amending 18 uscs §3664)?

Question Presented (AI Summary)

Is the BOP's Financial Responsibility Program voluntary when constitutional liberties are taken for non-participation?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent United States to respond filed.
2017-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)

Attorneys

Jeffrey Thomas Gola
Jeffrey Thomas Gola — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent