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United States v. Stump

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


January 18, 2007

UNITED STATES OF AMERICA
v.
JEFFREY M. STUMP, DEFENDANT.

The opinion of the court was delivered by: Hon. Martin J. Jenkins United States District Judge

[PROPOSED] ORDER REGARDING RESTITUTION AMOUNT

Hearing: January 19, 2007 2:30 p.m. (Oakland)

Based on the reasons provided in the stipulation of the parties regarding the proper restitution amount in this case, the Court hereby FINDS that the initial overpayment by the Social Security Administration ("SSA") to Defendant was $8,033.48. The Court further FINDS that Defendant receives a monthly check from SSA in the amount of $856.00, of which $85.60 is withheld as restitution. In addition, the Court FINDS that, as of February 1, 2007, Defendant will have made restitution payments to the SSA totaling $5,804.58. Moreover, the Court FINDS that, as of February 1, 2007, Defendant will owe the SSA a balance in the amount of $2228.90 to complete his restitution payments.

Based on these findings, IT IS HEREBY ORDERED THAT, as a condition of his probation, Defendant shall continue to have $85.60 withheld as restitution from each monthly check he receives from the SSA until he has made complete restitution for the remaining balance, which, as of February 1, 2007, is $2228.90. The Court further finds that the defendant does not have the ability to pay interest and ORDERS that the interest requirement is waived for 8 the restitution.

IT IS SO ORDERED.

20070118

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