CDI Energy Services v. West River Pumps

1The Honorable Ralph Erickson, United States District Judge for the District of
North Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1035
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of North Dakota.
Loren Longie, *
* [UNPUBLISHED]
Appellant, *
________ *
*
Spirit Lake Tribe, *
*
Garnishee. *
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Submitted: May 15, 2009
Filed: May 19, 2009
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Before RILEY, SMITH, and BENTON, Circuit Judges.
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PER CURIAM.
Loren Longie challenges the district court’s 1 order of garnishment, which was
entered to help satisfy Longie’s criminal restitution debt. On appeal, he argues that
a tribal disbursement was not subject to collection by the government because it

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constituted “other income” under 26 U.S.C. § 6334(a)(9). After careful review, we
conclude that section 6334(a)(9) does not apply in this case. See 18 U.S.C.
§ 3613(a)(1), (f) (United States may enforce judgment imposing fine using procedures
for enforcement of civil judgment under federal law; notwithstanding any other
federal law, judgment imposing fine may be enforced against all property or rights to
property of person fined, except that property exempt from levy for taxes pursuant to
§ 6334(a)(1)-(8), (10), and (12) shall be exempt from enforcement of judgment; in
accordance with 18 U.S.C. § 3664(m)(1)(A), all provisions of this section are
available to United States for enforcement of order of restitution).
Accordingly, we affirm. See 8th Cir. R. 47B. We deny appellee’s pending
motion to supplement the record on appeal.
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