U.S. v. DECAY

No. 09-30218.

620 F.3d 534 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Kerry DeCAY; Stanford Barre, Defendants-Appellants, Louisiana Sheriffs Pension and Relief Fund, Garnishee-Appellant.

United States Court of Appeals, Fifth Circuit.

September 20, 2010.


Attorney(s) appearing for the Case

Peter M. Mansfield (argued), Stephen Andrew Higginson , Asst. U.S. Attys., New Orleans, LA, for U.S.

Kerry DeCay , Ayer, MA, pro se.

Scott R. Bickford , Regina O. Matthews (argued), Martzell & Bickford, New Orleans, LA, for Barre.

Robert E. Tarcza (argued), Tarcza & Associates, L.L.C., New Orleans, LA, Craig Lester Williams , Bossier City, LA, for Louisiana Sheriffs Pension and Relief Fund.

Before JONES, Chief Judge, and KING and HAYNES, Circuit Judges.


HAYNES, Circuit Judge:

Kerry DeCay, Stanford Barre, and the Louisiana Sheriffs Pension and Relief Fund ("LSPRF") appeal the district court's order granting garnishment of DeCay's contributions to and Barre's monthly benefits from state pension funds held by the LSPRF. We conclude that the United States may garnish DeCay's and Barre's retirement benefits to satisfy a criminal restitution order, but that the United States is limited to garnishing twenty-five percent...

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