The opinion of the court was delivered by: Jan E. Dubois, J.
AND NOW, this 15th day of January, 2009, upon consideration of defendant's Ex Parte Special Motion to Modify/Reduce Financial Responsibility FBOP Participation to Exempt Temt Installment Schedule Upon Release Pursuant to 18 U.S.C. § 3624(e), § 3664(k), P.S. 5380.07, Attachment A (Document No. 66, filed November 10, 2008) and the Government's Response (Document No. 68, filed December 11, 2008), IT IS ORDERED as follows:
1. Defendant's Ex Parte Special Motion to Modify/Reduce Financial Responsibility FBOP Participation to Exempt Temt Installment Schedule Upon Release Pursuant to 18 U.S.C. § 3624(e), § 3664(k), P.S. 5380.07, Attachment A, is DENIED;
2. The entry of this Order is WITHOUT PREJUDICE to defendant's right to avail himself of the administrative remedies provided by the Bureau of Prisons with respect to the modification of his payment schedule under the Inmate Financial Responsibility Plan ("IFRP"), 28 C.F.R. § 545.11; and
3. In accordance with the IFRP, unless modified by the Bureau of Prisons during the administrative process, while incarcerated, defendant shall pay restitution of not less than twenty-five dollars ($25) per quarter if he does not work in a UNICOR job or if he is assigned to a UNICOR Grade 5 position. If defendant is assigned to a UNICOR Grade 1 through 4 position while incarcerated, he shall not pay less than fifty percent (50%) of his monthly wages toward his restitution obligation.
IT IS FURTHER ORDERED that, excepting only as set forth above, the provisions of this Court's Judgment of September 8, 2000, relating to restitution and all other provisions of the Judgment dated September 8, 2000, REMAIN IN EFFECT.
Defendant Kevin Gransby pled guilty to one count of conspiracy to commit armed bank robbery, in violation of 18 U.S.C. § 371; one count of armed bank robbery, in violation of 18 U.S.C. § 2113(d); and one count of carrying a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). On September 8, 2000, this Court sentenced defendant to a total of fifty (50) months imprisonment, three (3) years of supervised release, restitution to First Republic Bank in the amount of $12,800, and a $300 special assessment. The restitution order was joint and several with co-defendant Derrick Fagan.
The pending Motion pertains to defendant's restitution obligation. He has paid his special assessment and $3,645.16 in restitution. Co-defendant Fagan has paid a total of $225.00 in restitution. The current balance owed for restitution, exclusive of statutory interest, is $8,929.84.
The present Motion seeks relief from the payment of restitution while defendant is incarcerated. For the reasons explained below, the Court denies the Motion.
Defendant claims that he does not receive sufficient earnings while incarcerated to pay restitution. By way of explanation, defendant reports the following: (1) his prison earnings are limited to telephone calls to his family and assistance with family needs; (2) he intends to forward some portion of his prison earnings to his mother to cover medical expenses which have arisen due to her deteriorating health; (3) in exercising his post-conviction appellate rights, defendant expends approximately sixty-five dollars ($65) per month in stamps, envelopes, copying and various other expenses; (4) he needs approximately sixty-five dollars ($65) per month to pay for telephone calls to his ...