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U.S. v. WITHAM

No. 10-1814.

648 F.3d 40 (2011)

UNITED STATES, Appellant, v. Wayne WITHAM, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 8, 2011.

Attorney(s) appearing for the Case

Seth R. Aframe , Assistant United States Attorney, John P. Kacavas , United States Attorney, and Michael T. McCormack , Assistant United States Attorney, on brief for appellant.

Wayne Witham , pro se.

Before LYNCH, Chief Judge, BOUDIN and THOMPSON, Circuit Judges.

LYNCH, Chief Judge.

This case raises a narrow but important question. In light of the Mandatory Victim Restitution Act of 1996 (MVRA), Pub.L. No. 104-132, §§ 201-211, may the United States meet its obligation to enforce an order of restitution to a private-party victim of a crime by use of the Federal Debt Collection Procedure Act (FDCPA), 28 U.S.C. §§ 3001-3308, including its garnishment procedure, § 3205?

In a decision that predated...

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