UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 29, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
CHRISTOPHER M. CRAIG, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
On November 26, 2008, Defendant Christopher M. Craig filed a Request for Modification or Termination of Restitution with this Court. The Government Opposed that Request on December 12, 2008.
Defendant argues that payment of restitution, per the terms of his plea agreement and his criminal sentence, is improper because he had previously entered a separate civil Stipulation For Entry of Judgment in which the victim's insurer agreed to waive its right to restitution in the instant criminal proceedings. However, there is no evidence in the record to indicate that all conditions precedent to the victim's "waiver" of its right to restitution have occurred.*fn1 Accordingly, Defendant's Motion is DENIED without prejudice.
IT IS SO ORDERED.