U.S. v. White

Full title: UNITED STATES OF AMERICA PLAINTIFF v. TERRY LYNN WHITE DEFENDANT

Court: United States District Court, W.D. Arkansas, Fayetteville Division

Date published: Jun 19, 2008

Case No. 96-50012 (W.D. Ark. Jun. 19, 2008)

Opinion

Case No. 96-50012.

June 19, 2008

ORDER

JIMM HENDREN, District Judge

Currently before the Court is the defendant's Motion for Elimination, Remission or Reduction of Fines (Doc. 54). The Court, being and well and sufficiently advised, finds and orders as follows with respect thereto:

1. Defendant states that he has been released from prison, that he brings home less than $450.00 a week, and that making payments on his $17,500.00 fine is a substantial hardship for him. Defendant, therefore, requests that his fine be "eliminated, reduced or remitted." The Government opposes defendant's motion.

2. 18 U.S.C. § 3573, the statutory authorization to petition for remission or modification of a fine, is only available to the Government and not the defendant. See United States v. Chacon-Vega, 2008 W.L. 313612, *1 (8^th Cir. 2008). Further, as defendant is not currently in custody, he cannot seek relief from his fine under 28 U.S.C. § 2255 or 28 U.S.C. § 2241. See United States v. Mays, 2003 W.L. 21259692, *1 (6^th Cir. 2003).

3. Accordingly, the Court finds that it lacks jurisdiction over the defendant's Motion for Elimination, Remission or Reduction of Fines (Doc. 54). The motion is, therefore, DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.