United States of America v. Stephen D. Gills

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7539
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
STEPHEN D. GILLS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr.,
Senior District Judge. (2:14-cr-00160-HCM-DEM-1)
Submitted: December 17, 2015 Decided: December 22, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Stephen D. Gills, Appellant Pro Se. Melissa Elaine O’Boyle,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Stephen Gills appeals the district court’s order denying
his motion to modify his schedule of restitution payments. When
a defendant is ordered to pay restitution, and a “‘material
change in the defendant’s economic circumstances [] might affect
the defendant’s ability to pay restitution,’” the sentencing
“court is authorized to adjust the payment schedule as the
interests of justice require.” United States v. Grant, 715 F.3d
552, 554 (4th Cir. 2013) (quoting 18 U.S.C. § 3664(k)). Here,
the district court found that Gills had alleged no material
changes. We have reviewed the record and found no reversible
error in the district court’s order declining to modify its
restitution schedule. See United States v. Gills, No.
2:14-cr-00160-HCM-DEM (E.D. Va. Sept. 8, 2015).
Accordingly, we affirm the denial of Gills’ motion. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED

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