No. 18-6481

Jeremy Fontanez v. Joseph Coakley, Warden

Lower Court: Fourth Circuit
Docketed: 2018-10-29
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 28-usc-2241 bureau-of-prisons circuit-split criminal-sentencing due-process due-process-clause fifth-amendment inmate-financial-responsibility-program mandatory-victims-restitution-act restitution restitution-order voluntary
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-03-15 (distributed 2 times)
Question Presented (AI Summary)

Does the sentencing court violate the Mandatory Victims Restitution Act (MVRA) when it delegates its restitution payments to the BOP?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. DOES THE SENTENCING COURT VIOLATE THE MANDATORY VICTIMS RESTITUTION.:-ACT (MVRA) WHEN IT DELEGATES ITS RESTITUTION PAYMENTS TO THE BOP? 2. IS THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT VIOLATED WHEN RESTITUTIONORDER IS UNLAWFUL? 3. DO THE PENALTIES ASSOCIATED WITH NON-COMPLIANCE WITH THE INMATE FINANCIAL RESSPONSIBILITY PROGRAM VIOLATED THE DUE PROCESS CLAUSE WHEN A RESTITUTION ORDER IS UNLAWFUL? 4. IS THE IFRP UNDER 28 C.R.R. §545 "VOLUNTARY" AS INTERPRETTED BY THE FOURTH CIRCUIT? 5. CAN 28 U.S.C. §2241 BE USED TO CHALLENGE THE BOP'S EXECUTION -OF AN UNLAWFUL RESTITUTION ORDER? 6. THIS COURT MUST SETTLE A CIRCUIT SPIT ON THESE ISSUES

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-13
Brief of respondent Joseph Coakley, Warden in opposition filed.
2019-01-11
Motion to extend the time to file a response is granted and the time is further extended to and including February 13, 2019.
2019-01-10
Motion to extend the time to file a response from January 14, 2019 to February 13, 2019, submitted to The Clerk.
2018-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.
2018-12-04
Motion to extend the time to file a response from December 14, 2018 to January 14, 2019, submitted to The Clerk.
2018-11-14
Response Requested. (Due December 14, 2018)
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-05
Waiver of right of respondent Joseph Coakley, Warden to respond filed.
2017-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2018)

Attorneys

Jeremy Fontanez
Jeremy Fontanez — Petitioner
Joseph Coakley, Warden
Noel J. FranciscoSolicitor General, Respondent