Brenda Sensing and Dennis Sensing v. United States
DueProcess FifthAmendment Immigration
Can a district court initiate restitution collection proceedings?
QUESTIONS PRESENTED There may be no other federal district court in the county that holds “show cause” hearings to collect restitution where the judge itself prosecutes the defendants. Defendants are not appointed counsel for these hearings. The Sixth Amendment guarantees a defendant the right to counsel at critical proceedings or at a point where the defendant faces a potential loss of liberty. The judge, at these show cause hearings, assumes the role of prosecutor and judge, interrogating the defendants. The Fifth Amendment guarantees a defendant due process of law which includes the right to a fair and impartial tribunal and proper notice of a hearing. At the end of the show cause hearing, the district court enters a binding order that modifies restitution special conditions and requires defendants’ compliance. Ifthe defendants do not comply, a revocation proceeding is initiated. With these cornerstone rights in mind, the questions presented are: 1. Can a district court initiate restitution collection proceedings or is collection the sole responsibility of the Attorney General pursuant to 18 U.S.C. § 3612(c)? 2. Does the right to counsel attach at a “show cause” hearing to collect restitution where the district court assumes the role of prosecutor and judge? 3. Does a defendant have the right to due process and to not incriminate themselves through sworn testimony at “show cause” restitution collection hearings? 4. Is Bearden v. Georgia, 461 U.S. 660 (1983) violated when a defendant is making consistent, monthly payments towards restitution, and then required to make additional substantial contributions (i.e., selling their vehicles without owning title)? i