Opinion
No. Cr-2:10-00475-DAD
01-03-2012
UNITED STATES OF AMERICA, Plaintiff, v. GARY MEAD, TINKER BELL MEAD, Defendants.
DANIEL J. BRODERICK Federal Defender LINDA C. HARTER Chief Assistant Federal Defender Attorney for Defendant GARRY MEAD ALEXIS WILSON BRIGGS Attorney at Law Attorney for Defendant TINKER MEAD BENJAMIN WAGNER United States Attorney Justin Lee U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, #89424
Federal Defender
LINDA HARTER, Bar #179741
Chief Assistant Federal Defender
Designated Counsel for Service
ETAN ZAITSU
Certified Student Attorney
Attorney for Defendant
GARRY MEAD
ALEXIS BRIGGS
Attorney at Law
Attorney for Defendant
TINKER BELL MEAD
STIPULATION AND ORDER TO MODIFY
CONDITIONS OF PROBATION AND FIX
RESTITUTION PAYMENTS PURSUANT TO
FED.R.CRIM.PRO 32.1(c)(2)
Judge: Hon. Dale A. Drodz
On June 21, 2011, Ms. Tinker Bell Mead was sentenced to a 60 month term of probation. On that same date, Mr. Gary Mead was sentenced to one month imprisonment and 12 month term of supervised release. They are currently supervised by the U.S. Probation Office. As a part of her sentence, Ms. Mead was also ordered to pay restitution in the amount of $12,729.00 to the Social Security Administration. Mr. Mead was ordered to pay $22,842.00 to the Social Security Administration. The court ordered that payment was to begin "immediately."
Ms. Mead is disabled and has been approved to receive benefits as a result of her disability. She is unable to work at this time and has no other income aside from Social Security benefits. Likewise, Social Security benefits are Mr. Mead's only source of income. They would ordinarily be receiving a monthly check from the Social Security Administration ("SSA"). SSA has decided, however, to recover the restitution by taking 100% of the monies that Gary and Tinker Bell Mead would otherwise be receiving until restitution has been paid in full.
The probation learned of this situation from Ms. Mead and, recognizing that this could result in extreme financial hardship and likely being unable to pay their mortgage, the probation officer attempted to reach a resolution with the SSA. The probation officer learned that unless the restitution order by the Court specifies an amount, SSA's position is that they will take 100% of any monies otherwise paid out.
The parties, having been informed of this situation, therefore stipulate and request that the Court modify the conditions of Gary and Tinker Bell Mead's probation and order repayment to the Social Security Administration, at the rate of 25% of the benefits they would otherwise receive from SSA, until the full amount of restitution has been paid. This amount was recommended by the probation officer after consideration of their resources and after consultation with representative's from SSA. Further, this amount would be taken by SSA from the defendants' benefits checks.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
_________________
LINDA C. HARTER
Chief Assistant Federal Defender
Attorney for Defendant
GARRY MEAD
_________________
ALEXIS WILSON BRIGGS
Attorney at Law
Attorney for Defendant
TINKER MEAD
BENJAMIN WAGNER
United States Attorney
_________________
Justin Lee
U.S. Attorney
Attorney for Plaintiff
ORDER
For the reason's stated above, the Court orders that Gary and Tinker Bell Mead's conditions of probation be modified and adds the condition that the Social Security Administration shall be paid restitution in the amount previously ordered in payments that are not to exceed 25% of the benefits that Gary and Tinker Bell Mead would otherwise receive from the Social Security Administration, until restitution is fully paid.
_________________
DALE A. DROZD
UNITED STATES MAGISTRATE JUDGE