Académique Documents
Professionnel Documents
Culture Documents
No. 06-5021
v.
N.D. Oklahoma
Defendant - Appellant.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination
of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
I. Background
Kenneth Alan Low e was convicted on robbery and conspiracy charges and
sentenced to 228 months imprisonment, three years of supervised release, $10,000
This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
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Bureau of Prisons to continue to apply 50% of any gift Lowe receives toward his
restitution payments.
The Financial Responsibility Program requires unit staff to assist an inmate
in preparing a financial plan and monitoring the inmates progress in meeting
payment. Id. at 545.11(a). Payments are to be made from institution resources
or non-institution (community) resources. 28 CFR 545.11(b). Unlike Overholt,
the district courts order does not delegate to the Bureau discretion to change the
payment schedule by changing its regulations. Lowe fails to cite any case or law
that excludes gifts from income or limits the courts discretion to include
unexpected monetary contributions.
Conclusion
Overholt requires a payment schedule w hich must be adhered to by both
Lowe and the Bureau of Prisons. The order in this case requires the Bureau of
Prisons to collect the greater of $25 quarterly or 50% in income, in compliance
with Overholts requirement. A FFIRMED.
Terrence L. OBrien
Circuit Judge
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