No. 20-8364

David Gilmartin v. United States

Lower Court: Second Circuit
Docketed: 2021-06-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure criminal-sentencing earnings-definition economic-circumstances probation-conditions restitution restitution-order sentencing social-security social-security-benefits statutory-interpretation
Key Terms:
Securities Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the district court erred in modifying the restitution order to require the defendant to pay 10% of all receipts of money, including Social Security benefits, rather than 10% of earnings as originally ordered

Question Presented (OCR Extract)

No question identified. : Vv (d) Published Reports Generated by this Case 5. The history of this case is reflected in three published opinions. After my conviction and sentencing in USDC New York Southern in Jul2013, I appealed . to the Second Circuit. Forty-two months later, my appeal was concluded two days before my release from prison by affirming the District Court in every detail. e US v David Gilmartin, 684 FAppx 8 (Second Circuit, 22Mar2017) 6. Soon after my release, I filed a motion in USDC New York Southern, and that motion was concluded in the District Court by this: e US v David Gilmartin, USDC New York Southern #12-cr-287, : Memorandum Opinion and Order, filed 1May2018 7. Having lost the motion in the District Court I appealed to the Second Circuit. I lost there also, with the following Order e US v David Gilmartin, in USCA Second Circuit Summary Order filed SMay2020 8. Therefore I am now appealing to the Supreme Court. (e) Jurisdiction 9. (f) Statutes involved in the case, set out verbatim with appropriate citation. 10. 18 USC 3664, entitled “Procedure for issuance and enforcement of order of restitution’, provides, " Subsection (k). A restitution order shall provide that the defendant shall notify the court and the Attorney General of any material change in the defendant’s economic circumstances that might affect the defendant’s ability to pay restitution. The court may also accept notification of a material change in the defendant’s economic circumstances from the United States or from the victim. The Attorney General shall certify to the court that the victim or victims owed . a restitution by the defendant have been notified of the change in circumstances. . Upon receipt of the notification, the court may, on its own motion, or the motion of any party, including the victim, adjust the payment schedule, or require immediate payment in full, as the interests of justice require. . (g) A concise

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent United States to respond filed.
2020-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2021)

Attorneys

David Gilmartin
David Gilmartin — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent