U.S. v. BOAL

No. 07-2437.

534 F.3d 965 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Bonnie Steele BOAL, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2008.


Attorney(s) appearing for the Case

Gary L. Hayward, AUSA, Des Moines, IA, for appellant.

Bonnie Steele Boal, Des Moines, IA, pro se.

Nicholas Drees, AFPD, Des Moines, IA, for appellee.

Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.


LOKEN, Chief Judge.

The issue on appeal is whether a sentencing judge may order the clerk of court to pay money received to satisfy the government's restitution lien to anyone other than the restitution victim identified in the judgment of conviction. We conclude that the judge has no such power because the applicable statutes and regulations impose a ministerial duty on the clerk to pay the restitution victim. Accordingly, we reverse a district court order, premised...

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