U.S. v. NOVAK

No. 04-55838.

441 F.3d 819 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Raymond P. NOVAK, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 23, 2006.


Attorney(s) appearing for the Case

Debra Yang, United States Attorney, Leon W. Weidman, and Brent A. Whittlesey, Assistant United States Attorneys of Los Angeles, CA, for the appellant.

Martin S. Bakst of Encino, CA, for the appellee.

Before ALFRED T. GOODWIN, BETTY B. FLETCHER, and CONSUELO M. CALLAHAN, Circuit Judges.


CALLAHAN, Circuit Judge.

The United States appeals from the district court's order quashing its writ of garnishment of Raymond Novak's benefits under a pension plan subject to the Employment and Retirement Income Security Act of 1974 ("ERISA"). The district court held that such a garnishment was prohibited by ERISA's anti-alienation provision, 29 U.S.C. § 1056(d)(1). We reverse and remand because we determine that the Mandatory Victims Restitution Act of 1996...

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