United States v. Cobb
United States v. Cobb
Opinion of the Court
ORDER
In November 2000 Walter Cobb, who since 1996 has been serving a 188-month sentence for conspiring to possess cocaine base with intent to distribute, 21 U.S.C. §§ 841(a)(1), 846, filed a “Motion to Modify or Remit” the $1500 fíne imposed as part of his sentence. Cobb asserted that the district court had ordered the fine paid in installments of unspecified amounts through the Inmate Financial Responsibility Program (IFRP), 28 C.F.R. §§ 545.10-11, and thus “delegated” to the Bureau of Prisons the authority to determine the amount of the payments. Cobb asked that the court set a payment schedule or, in the alternative, remit the remainder of the fine based on Cobb’s indigence. The district court denied the motion without explanation, and Cobb appeals.
Contrary to Cobb’s assertions, nothing in the record suggests that he was
Because Cobb’s fine was due in a lump sum, he has no basis for seeking remission. A former version of 18 U.S.C. § 3573 that allowed defendants to petition for remission is no longer in effect, see, e.g., United States v. Kadonsky, 242 F.3d 516, 520 (3d Cir. 2001); United States v. Linker, 920 F.2d 1 (7th Cir. 1990), and though a statutory provision governing restitution orders permits “adjustment” of “payment schedules” based on a “material change in the defendant’s economic circumstances,” see 18 U.S.C. § 3664(k), the parallel provision concerning fines allows adjustments only where the original judgment “permits payments in installments,” see 18 U.S.C. § 3572(d)(3). Current federal law simply provides defendants in Cobb’s position no opportunity to seek reduction of a fine. See Kadonsky, 242 F.3d at 520; Linker, 920 F.2d at 1-2. Cobb’s only hope for modification or remission of his fine is a petition filed by the government under 18 U.S.C. § 3573. See 18 U.S.C. § 3573 (court may remit fine or defer payments in the interest of justice “upon petition of the government”). Because the government did not file a petition in Cobb’s case, his motion was properly denied. See Linker, 920 F.2d 1.
AFFIRMED.
Reference
- Full Case Name
- United States v. Walter R. COBB
- Cited By
- 1 case
- Status
- Published