Louisiana Law blog
US Court of Appeals for the Fifth Circuit Opinions
USA v. Stark
Opinion Date: January 9, 2023
Judge: Per Curiam
Areas of Law: Constitutional Law, Criminal Law
Defendant challenged the district court's denial of his request for an adjustment to a restitution order. Defendant claimed that the $1,400 stimulus payment he received under the American Rescue Plan was exempt from levy and that any payment would violate the Taking Clause.
The Fifth Circuit affirmed the district court's denial of Defendant's request to adjust his restitution order. In so holding, the court held that the stimulus payment does not meet any exception and that he was required to apply the complete payment towards any restitution he owed.
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