Opinion
14-cr-212 (RJS)
11-10-2022
UNITED STATES OF AMERICA v. AMAR TAYLOR, Defendant.
ORDER
RICHARD J. SULLIVAN, Circuit Judge:
Following Defendant's guilty plea to charges including conspiracy to engage in racketeering activities in violation of 18 U.S.C. § 1962(d) and possession of a firearm in furtherance of that conspiracy in violation of 18 U.S.C. § 924(c), the Court sentenced Defendant to a term of imprisonment of 12.5 years and a term of supervised release of five years. (Doc. No. 603.) The Court also ordered Defendant to pay $5,120 in restitution pursuant to the Mandatory Victims Restitution Act, 18 U.S.C. § 3664. (Doc. No. 630.)
The Court is in receipt of the attached letter, dated May 5, 2022 and received May 10, 2022, in which Defendant requests that the Court modify the restitution payment schedule that he previously agreed to pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program (“IFRP”). The Court construes Defendant's letter to be a motion pursuant to 18 U.S.C. § 3664(k) to “adjust the payment schedule . . . as the interests of justice require” in light of a “material change in the defendant's economic circumstances that might affect the [D]efendant's ability to pay restitution.” See also United States v. Grant, 235 F.3d 95, 100-01 (2d Cir. 2000) (“A change of the sort contemplated by the statute is identified by an objective comparison of a defendant's financial condition before and after a sentence is imposed.”).
Because it appears that Defendant has entered into at least one additional IFRP agreement since the date of his letter, Defendant's motion is hereby DENIED, without prejudice to renewal, as moot. In the event that Defendant wishes to renew his motion to adjust his restitution schedule, he is directed to file his motion in compliance with the Court's Individual Rules and Practices by sending it to the Pro Se Intake Unit, 40 Foley Square, Room 105, New York, New York 10007. The Clerk of Court is respectfully directed to mail a copy of this order to Defendant.
SO ORDERED.