Opinion
CRIMINAL ACTION 95-377
12-17-2021
UNITED STATES OF AMERICA v. TERENCE MILLSAPS
SECTION: "S" (4)
ORDER AND REASONS
MARY ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE
Before the court is a "Motion to Consider Waiving Previous Court Obligation Due Movant's Hardship" (Rec. Doc. 816), filed by the defendant. In the motion, defendant seeks a waiver of the fine that was imposed upon him as part of his sentence in the court's Judgment and Commitment Order. Rec. Doc. 234.
"[A] sentence to pay a fine is a final judgment for all purposes. . . ." United States v. Allison, 62 F.3d 394 (5th Cir. 1995). It can be modified under the limited circumstances set forth under 18 U.S.C. § 3572. Id. Under that provision, a fine may be modified if the United States files a post-judgment petition for remission of fine principal and interest for inability to pay; under Federal rule of Criminal Procedure 35 to correct arithmetical, technical, or other clear error allowed within 14 days of the judgment; or under 18 U.S.C. § 3742, which provides for an appeal of a criminal judgment. 18 U.S.C. § 3572(c). None of these circumstances are present in the instant case, and the court thus lacks jurisdiction to grant the requested relief. Accordingly,
IT IS HEREBY ORDERED that defendant's "Motion to Consider Waiving Previous Court Obligation Due Movant's Hardship" (Rec Doc 816) is DENIED