United States District Court, W.D. Pennsylvania
TERRENCE F. McVERRY, District Judge.
Pending before the Court is DEFENDANT'S MOTION FOR RETURN OF ALLEGED OVERPAYMENT (ECF No. 113).
On August 28, 2002, Defendant was charged in two counts of a three-count criminal Indictment with the crimes of conspiracy to distribute a controlled substance and distribution and possession with intent to distribute less than one hundred (100) grams of heroin, which resulted in the death of a person. On July 9, 2003, Defendant pled guilty to both counts of the Indictment. He was thereafter sentenced to a term of 20 years' imprisonment as to Counts I and II, to run concurrently, with five years of supervised release. As relevant here, he was also ordered to pay restitution in the amount of $1, 734.00, jointly and severally, with his co-defendant, Charles Alvin Jones.
According to the Clerk of Court, between 2005 and 2009, Defendant made $1, 734.89 in restitution payments. During that same period, his co-defendant made restitution payments in the amount of $275.00. Because the total amount of restitution payments made by Defendant and his co-defendant exceeded the full amount of restitution due by $275.89, the Clerk of Court returned that amount ($275.89) to Defendant in the form of two checks sent to Defendant, c/o the Bureau of Prisons. Copies of the checks are attached to this Memorandum Order as "Exhibit 1" and "Exhibit 2." Because Defendant was jointly and severally liable with his ...