From Casetext: Smarter Legal Research

United States v. Biggs

United States District Court, Ninth Circuit, California, E.D. California
Aug 27, 2015
2:13-CR-00178 KJM (E.D. Cal. Aug. 27, 2015)

Opinion


UNITED STATES OF AMERICA, Plaintiff, v. DEVON GREGORY BIGGS, JR., Defendant. No. 2:13-CR-00178 KJM United States District Court, E.D. California. August 27, 2015

ORDER

KIMBERLY J. MUELLER, District Judge.

During sentencing in this case on March 11, 2015, the court ordered defendant Biggs to pay restitution in the amount of $200,000, based on the information contained in the Presentence Investigation Report, and representations of counsel.

On July 29, 2015, the court sentenced another defendant, a Mr. Herrin, in a related case, 2:14-CR-180. In that case, the Presentence Investigation Report described the same criminal activity for which Mr. Biggs was sentenced, and identified a total amount of restitution owing as $411,333.20. This larger restitution amount appears to have been available to the government by May 2013. The court has now ordered Mr. Herrin to pay restitution in that amount.

It appears to the court that the amount of restitution ordered in this case may be understated, such that the restitution order reflects an error arising from oversight or omission. See Fed. R. Cr. P. 36. The parties are directed to advise the court in writing within fourteen (14) days why the restitution order in this case should not be corrected to reflect the same amount of restitution owing as in Mr. Herrin's case, with responsibility for payment of restitution shared jointly and severally.

SO ORDERED.


Summaries of

United States v. Biggs

United States District Court, Ninth Circuit, California, E.D. California
Aug 27, 2015
2:13-CR-00178 KJM (E.D. Cal. Aug. 27, 2015)
Case details for

United States v. Biggs

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. DEVON GREGORY BIGGS, JR.…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Aug 27, 2015

Citations

2:13-CR-00178 KJM (E.D. Cal. Aug. 27, 2015)