United States District Court, D. Delaware
For USA, (1:11-cr-00097-SLR All Defendants), Plaintiff: Edward J. McAndrew, U.S. Attorney's Office, Wilmington, DE.
For USA, (1:12-cr-00052-SLR All Defendants), Plaintiff: Edward J. McAndrew, LEAD ATTORNEY, U.S. Attorney's Office, Wilmington, DE.
Sue L. Robinson, United States District Judge.
At Wilmington this 29th day of April, 2014, having reviewed defendant's motions to amend her monthly restitution payments during her period of incarceration and the papers submitted in connection therewith; the court resolves the motions consistent with the following reasoning:
1. Background. Defendant pled guilty to one count of copyright infringement in violation of 17 U.S.C. § 506(a)(1)(A) and 18 U.S.C. § 2319(b)(1), and she pled guilty to one count of identity theft in violation of 18 U.S.C. § § 1028(a)(7) and (b)(1)(D) in a consolidated, but unrelated case. (D.I. 35) The court sentenced defendant to forty-six months imprisonment on both counts to be served concurrently, followed by a consecutive sentence of twelve months imprisonment pursuant to 18 U.S.C. § 3147. A three-year term of supervised release was imposed on each count, to be served concurrently. The court ordered defendant to pay restitution in the amount of $1,013,546.69 and to forfeit $6,731.81 and specific property.
2. In July 2013, defendant was transferred from " Danbury Camp," a federal correctional institution in Danbury, Connecticut,
to FPC Alderson, a federal prison camp located in Alderson, West Virginia. (D.I. 43 at 2) FPC Alderson is within the jurisdiction of the United States Court of Appeals for the Fourth Circuit.
3. On November 1, 2013, defendant filed a letter motion requesting an amendment of her monthly restitution payments during her period of incarceration. (D.I. 43) Specifically, she averred:
When I transferred to Alderson, my new case manager decided that my payments are not to be deferred and they were calculated at a few hundred dollars each month! I made only $5.25 my first month here, and $18.25 my second month, but so far I have paid about $500 in FRP  payments which has left my family to pay the difference. They have been taking 1/2 of all money I receive and so my family has been sending double to make up for the loss. This is now punishing the wrong person(s), and feel is grossly unjust. . . .
The penalties for me not meeting my FRP obligations, among many others, are losing my programing. . . .
(D.I. 43 at 2) Defendant requests that the court order a specific amount due each month.
4. On January 29, 2014, plaintiff submitted a supplemental response  to defendant's motion to amend her judgment. (D.I. 48) After filing its initial response, plaintiff spoke to and received documentation from defendant's Bureau of Prisons (" BOP" ) counselor indicating that defendant's restitution payments are calculated pursuant to BOP Guidelines (" Guidelines" ). ( Id. at Ex.1) The counselor explained that, when there are no special instructions in an inmate's judgment and commitment order with respect to restitution payments, the BOP analyzes the account balance/activity and allots $450 every six months from outside resources and institution pay. After the $450 deduction, the inmate is expected to make monthly payments pursuant to a BOP formula set forth in the Guidelines. ( Id. )
5. Defendant's commissary account records reflect that, for the six-month period beginning in February 2013, there was $2,821.53 deposited into her account. ( Id. at Ex. 2) During that ...