Opinion
Case No. 8:15-cr-507-T-33MAP
04-25-2018
UNITED STATES OF AMERICA v. CHRIS J. MCDONALD, SR.
ORDER
This cause is before the Court pursuant to Defendant Chris McDonald's Motion for Reconsideration of Order of Forfeiture and Criminal Monetary Penalties (Doc. # 190), which was filed on April 4, 2018. The Government filed a Response in Opposition to the Motion (Doc. # 196) on April 23, 2018. The Court denies the Motion as follows. Discussion
McDonald, along with a co-defendant Joseph Lugo, was charged in an Indictment with one count of conspiracy to commit theft of government funds, in violation of 18 U.S.C. § 371, and nine counts of theft of government funds in violation of 18 U.S.C. § 641. (Doc. # 1). The indictment also contained provisions for the forfeiture of real or personal property derived from the charged violations. (Id.). A jury found McDonald guilty of all charged offenses on December 14, 2017. (Doc. # 152).
On March 21, 2018, the Court sentenced McDonald to a term of imprisonment of one year and one day, to be followed by a three-year term of supervised release. (Doc. # 181). The Court also ordered the payment of restitution in the amount of $117,952.35. (Id.). Because the conspiracy was carried out by various actors, the Court specified as to the restitution that: "$64,924.00 of this restitution shall be paid jointly and severally with co-defendant Joseph Lugo; Jeanette Hevel convicted in Docket No. 8:15-cr-59-T-33MAP; Robert L. Sanders convicted in Docket No. 8:14-cr-411-T-23AEP; and Thomas A. Hevel convicted in Docket No. 8:16-cr-450-T-33MAP." (Id.). On March 27, 2018, the Court entered its Judgment reflecting McDonald's sentence; however, that Judgment contained a scrivener's error. Specifically, the Judgment cited the relevant statute of conviction as 18 U.S.C. § 6412, rather than 18 U.S.C. § 641. The Court filed a Corrected Judgment on April 2, 2018. (Doc. # 187). That Judgment accurately depicted the relevant statute and McDonald's sentence.
On April 3, 2018, McDonald filed a Notice of Appeal and Motion for Appointment of Counsel. (Doc. # 188). Thereafter, on April 4, 2018, McDonald filed the instant Motion for Reconsideration. (Doc. # 190). In the Motion for Reconsideration, McDonald challenges the manner in which the Court imposed restitution and argues "[f]ailure to impose restitution equal to all of the aforementioned defendants creates a sentencing disparity." (Id. at 2). The Court denies the Motion for Reconsideration based on a lack of jurisdiction. The Notice of Appeal was an act of jurisdictional significance and divested this Court of jurisdiction over the case. See United States v. Tovar-Rico, 61 F.3d 1529, 1532 (11th Cir. 1995)("The district court was divested of jurisdiction over the proceeding once the government filed a timely notice of appeal of the court's order granting Tovar's motion to suppress evidence.").
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Defendant Chris McDonald's Motion for Reconsideration of Order of Forfeiture and Criminal Monetary Penalties (Doc. # 190) is hereby DENIED.
DONE and ORDERED in Chambers, in Tampa, Florida, this 25th day of April, 2018.
/s/_________
VIRGINIA M. HERNANDEZ COVINGTON
UNITED STATES DISTRICT JUDGE