No. 18-7122

Jeffrey Thomas Gola v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ability-to-pay Ability-to-pay-restitution BOP-jurisdiction-over-payment-plan bureau-of-prisons Consideration-of-18-USC-3664-factors constitutional-liberties Delegation-of-authority-to-BOP financial-responsibility mandatory-victims-restitution-act payment-schedule plain-error Plain-error-in-restitution-order restitution restitution-payment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Is the BOP's Financial Responsibility Program voluntary when constitutional liberties are taken for non-participation?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW : ' 1) Is the BOP's Financial Responsibility Program, 28 C.F.R. §545.10-11, voluntary when constitutional liberties are taken for non-participation? 2) Does the district court have the authority to delegate to the Bureau of Prisons (BOP) it's authority to set a payment schedule for restitution payments? 3) Does the BOP or the district court consider the factors set forth in 18 USC §3664 when considering a payment schedule for restitution? 4) Did the district court commit plain error by imposing restitution without specifying a payment schedule in consideration of the factors in 18 USC §3664? 5) If the district court fails to set a payment schedule, does that then give the BOP jurisdiction to administer a payment plan of it's own? 6) Is it constitutional to order someone with no income to pay a restitution amount that exceeds their ability to pay in one lump sum, due immediately? 7) Did the district court commit plain error under Fed.R.Crim.P. 52(b) in ordering _ defendant to pay restitution immediately instead of fixing a payment schedule as required by Mandatory Victims Restitution Act of 1996, Pub.L.No.104-132, Title II, Subtitle A, §206, 110 Stat. 1214, 1234 (1996)(amending 18 USCS §3664)? ii. OPINIONS BELOW : The opinion of the magistrate judge was entered on 10/11/2017 (Copy attached, . . as part of EXHIBIT A), and entered as the final judgment and mandate on 11/17/2017 . (also attached as part of EXHIBIT A). : , : Notice of appeal to the Supreme Court was mailed on Nov. 14th 2017 (a copy is provided as EXHIBIT B). ; iii.

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent United States to respond filed.
2017-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)

Attorneys

Jeffrey Thomas Gola
Jeffrey Thomas Gola — Petitioner
Jeffrey Thomas Gola — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent