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U.S. v. MAYS

No. 04-50378.

430 F.3d 963 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Michael MAYS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 19, 2005.

Attorney(s) appearing for the Case

Kurt D. Hermansen and Robert H. Rexrode, III, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney, Roger W. Haines, Jr., Assistant United States Attorney, Chief, Appellate Section, Criminal Division, and Leah R. Bussell, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: LAY, KOZINSKI and THOMAS, Circuit Judges.

OPINION

KOZINSKI, Circuit Judge.

We consider whether a federal district court may garnish the wages of a criminal defendant who fails to pay a judgment of restitution imposed by that court.

Facts

Michael Mays pled guilty to conspiracy to commit mail fraud. The court imposed a custodial sentence and supervised release. Pursuant to the Mandatory Victims Restitution Act of 1996 (MVRA), Pub.L. No. 104-132, 110 Stat. 1227 (1996) (codified in...

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