USA v. See Walker et al

UNITED STATES DISTRICT COURT
DISTRICT OF NORTH DAKOTA
United States of America, )
) ORDER GRANTING MOTION TO
Plaintiff, ) RELEASE FUNDS FROM INMATE
) TRUST ACCOUNT
vs. )
)
Clifford Lane See Walker, ) Case No. 1:11-cr-090
)
Defendant. )
Before the Court is the Government’s motion seeking an order authorizing the Bureau of
Prisons (“BOP”) to release funds in the Defendant’s inmate trust account filed on July 16, 2021. See
Doc. No. 121. The Defendant did not respond to the motion.
On August 13, 2012, the Defendant was sentenced to time served for burglary. See Doc. No.
42. The Court also imposed a special assessment in the amount of $100.00 and restitution in the
amount of $3,372.87. To date, the Defendant has paid $50 toward his criminal monetary penalties
and has an outstanding balance due of $3,422.87. The Defendant remains in federal custody at the
Tucson USP related to a separate federal conviction. According to the Government, the Defendant
maintains approximately $1,259.39 in his inmate trust account. The Government suggests the
Defendant be allowed to retain $75 in his inmate trust account to make telephone calls.
After a careful review of the record, the Court agrees with the Government that it possesses
a valid lien over the funds in the Defendant’s inmate trust account pursuant to 18 U.S.C. §§ 3613(a)
and 3664(n). The Mandatory Victims Restitution Act, 18 U.S.C. §§ 3663A, et seq., requires that
resources received by a defendant from any source during his term of incarceration be applied to his
outstanding restitution obligation. Specifically, 18 U.S.C. § 3664(n) provides that “[i]f a person
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obligated to provide restitution, or pay a fine, receives substantial resources from any source,
including inheritance, settlement, or other judgment, during a period of incarceration, such person
shall be required to apply the value of such resources to any restitution or fine still owed.” 18 U.S.C.
§ 3664(n). Funds in inmate trust accounts do not qualify for exemption from payment of restitution
under 18 U.S.C. § 3613(a)(1). See United States v. Rand, 924 F.3d 140, 144 (5th Cir. 2019) (finding
that funds deposited into an inmate’s trust account were not among the list of exemptions available
to a criminal defendant under § 3613(a)(1)); see also United States v. Brown, No. 4:17-CR-51, 2021
WL 1945855, at *2 (E.D. Mo. May 14, 2021) (holding the receipt of the stimulus checks constitutes
a material change of economic circumstances affecting the ability to pay restitution and ordering
payment from an inmate trust account).
Accordingly, the Court GRANTS the motion (Doc. No. 121) and ORDERS the Bureau of
Prisons to turn over $1,184.00 from the Defendant’s inmate trust account to the Clerk of Court for
application toward the criminal monetary penalties imposed in this case. The Defendant shall retain
the balance of his inmate trust account.
IT IS SO ORDERED.
Dated this 2nd day of September, 2021.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court
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