No. 20-8364

David Gilmartin v. United States

Lower Court: Second Circuit
Docketed: 2021-06-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure criminal-sentencing earnings-definition economic-circumstances probation-conditions restitution restitution-order sentencing social-security social-security-benefits statutory-interpretation
Key Terms:
Securities Immigration
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Whether an increase in a defendant's monthly receipts and revenue from $0 (zero) at time of sentencing to $3000 after release from prison and award of retirement benefits under Social Security authorizes a later court under 18 USC 3664(k) to adjust the scheduled payment of restitution

2. Whether it is proper several years after the death of the trial judge for a later judge to change the order of restitution from 10% of earnings to 10% of all forms of revenue, so as to amend the trial judge's decision not to take restitution out of my Social Security retirement benefit

Question Presented (AI Summary)

Whether the district court erred in modifying the restitution order to require the defendant to pay 10% of all receipts of money, including Social Security benefits, rather than 10% of earnings as originally ordered

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent United States to respond filed.
2020-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2021)

Attorneys

David Gilmartin
David Gilmartin — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent