My question involves criminal law for the state of: California, (U.S. District Court, Central District)
Hello all, I would really appreciate some advice and if possible, hire an attorney that can help.
I'm going to summarize this as best I can.
1. Year 2008, co-defendant and I was found guilty of fraud.
2. We had separate attoneries (from the same firm) and assigned different federal judges.
3. Victim agreed to a fixed restitution amount to be paid joint and severally (we had a joint meeting before sentencing, $169K for co-defendant and $215k for me)
4. PSR clearly states that this amount is joint and severally.
5. I paid off the $215K, however the Financial Litigation Unit states that it will not cover the $169K owed by the co-defendant.
6. They are technically correct, after re-reading both our Judgement Orders, judges never wrote that the restitution should be joint and severally.
7. FLU cannot veer from Judgement Order and the PSR is inadmissible.
8. Old attoneries will not respond and I hired a new attorney and nothing came out of it
Note: Case is too old to file for any traditional appeals.
Thank you for reading.
Hello all, I would really appreciate some advice and if possible, hire an attorney that can help.
I'm going to summarize this as best I can.
1. Year 2008, co-defendant and I was found guilty of fraud.
2. We had separate attoneries (from the same firm) and assigned different federal judges.
3. Victim agreed to a fixed restitution amount to be paid joint and severally (we had a joint meeting before sentencing, $169K for co-defendant and $215k for me)
4. PSR clearly states that this amount is joint and severally.
5. I paid off the $215K, however the Financial Litigation Unit states that it will not cover the $169K owed by the co-defendant.
6. They are technically correct, after re-reading both our Judgement Orders, judges never wrote that the restitution should be joint and severally.
7. FLU cannot veer from Judgement Order and the PSR is inadmissible.
8. Old attoneries will not respond and I hired a new attorney and nothing came out of it
Note: Case is too old to file for any traditional appeals.
Thank you for reading.
Other Offenses: Overpayment of Restitution
Aucun commentaire:
Enregistrer un commentaire