U.S. v. MARTINEZ

Nos. 14-2203, 14-2209.

812 F.3d 1200 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Toby MARTINEZ, Defendant-Appellant. Public Employee Retirement Association of New Mexico; Nationwide Retirement Solutions, Garnishees. United States of America, Plaintiff-Appellee, v. Sandra Martinez, Defendant-Appellant. Public Employee Retirement Association of New Mexico; Nationwide Retirement Solutions, Garnishees.

United States Court of Appeals, Tenth Circuit.

December 16, 2015.


Attorney(s) appearing for the Case

Aric G. Elsenheimer , Assistant Federal Public Defender ( Brian A. Pori , Assistant Federal Public Defender, with him on the briefs) Federal Public Defender's Office, Albuquerque, NM, for Appellant Toby Martinez in case number 14-2203.

Sandra Martinez, filed a brief pro se in case number 14-2209.

Stephen R. Kotz , Assistant United States Attorney ( Damon P. Martinez , United States Attorney, with him on the brief) United States Attorney's Office, Albuquerque, NM, for Appellee United States of America.

Before BRISCOE, EBEL, and BACHARACH, Circuit Judges.


At sentencing, the district court ordered Mr. Toby Martinez to pay restitution through monthly installments. Nonetheless, the court later allowed the government to garnish Mr. Martinez's retirement accounts, which exceeded what Mr. Martinez owed in installments at the time. Mr. Martinez and his wife (Ms. Sandra Martinez...

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