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United States v. Richards

April 5, 2010

UNITED STATES OF AMERICA,
v.
JERRY L. RICHARDS, DEFENDANT



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 5th day of April, 2010, upon consideration of defendant's motion (Doc. 139) to stay repayment of the remaining balance of the fine and restitution imposed as part of defendant's sentence,*fn1 wherein defendant requests that the court stay his repayment obligation until his release from prison,*fn2 and it appearing that defendant invokes Rule 38 of the Federal Rules of Criminal Procedure, which states that "[i]f the defendant appeals, the district court . . . may stay a sentence to pay a fine or a fine and costs[,]" FED. R. CRIM. P. 38(c), and which further provides that "[i]f the defendant appeals, the district court . . . may stay . . . any sentence providing for restitution[,]" FED. R. CRIM. P. 38(e), and it further appearing that the defendant has appealed, (see Doc. 99), and that his appeal was terminated on July 7, 2008, when the court of appeals entered a judgment affirming the district court's order, (Doc. 121; see also Doc. 122), and the court concluding that defendant has failed to establish that he is entitled to the relief he seeks, it is hereby ORDERED that defendant's motion (Doc. 139) to stay repayment is DENIED.

CHRISTOPHER C. CONNER United States ...


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