U.S.
v.
Trumball

United States District Court, W.D. Michigan, Southern DivisionApr 18, 2008
Case No. 1:06-CR-228. (W.D. Mich. Apr. 18, 2008)

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Case No. 1:06-CR-228.

April 18, 2008


ORDER


Defendant Robin Marie Trumball has moved pursuant to 18 U.S.C. § 3664(k) to modify her restitution payment schedule based on changes to her financial status. Defendant states in her motion that she is receiving reduced gifts from relatives. While the district courts have authority to modify restitution schedules based on a material change to an inmate's financial condition, see Cani v. United States, 331 F.3d 1210, 1215 (11th Cir. 2003), the instant motion is lacking in sufficient detail concerning Defendant's finances and is without supporting documentation. As such, the Court finds that Defendant has not shown a material change in her financial condition warranting modification. Additionally, section 3664(k) requires that restitution modification orders be entertained only after a certification by the United States that victims of the offense have been informed of the request for modification. See United States v. Grant, 235 F.3d 95, 100 (2d Cir. 2000) (discussing requirement). Since this has not been done, modification is also not procedurally proper.

THEREFORE, IT IS HEREBY ORDERED that Defendant Robin Marie Trumball's Motion to Modify Restitution Schedule (Dkt. No. 47) is DENIED.