Opinion
2:98-cr-00035-HDM-RJJ
05-17-2012
UNITED STATES OF AMERICA, Plaintiff, v. BRET ALLEN HUDSON, Defendant.
ORDER
Before the court is the defendant's second request to waive the $3,500 fine and $585 in restitution imposed at his sentencing on September 14, 1998 (#152).
Absent a petition by the government, the court lacks jurisdiction to remit a fine imposed as part of a criminal sentence. See 18 U.S.C. § 3573; United States v. Gonzalez, 248 F.3d 1128 (1st Cir. 2000) (unpublished disposition); United States v. Linker, 920 F.2d 1, 1-2 (7th Cir. 1990); United States v. Benally, 2009 WL 1286014, at *1-2 (D. Ariz. 2009). The court also lacks authority to waive the mandatory restitution imposed in this case under the Mandatory Victims Restitution Act. See 18 U.S.C. § 3663A; United States v. Roper, 462 F.3d 336, 337-40 (4th Cir. 2006); United States v. Ammons, 2011 WL 1060601, at *1 (W.D.N.C. 2011). Accordingly, the defendant's motion (#152) is DENIED.
IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE