U.S. v. Benally

Full title: United States of America, Plaintiff, v. Reese Benally, Defendant

Court: United States District Court, D. Arizona

Date published: Nov 16, 2005

CR 03-177-PCT-JAT (D. Ariz. Nov. 16, 2005)

Opinion

CR 03-177-PCT-JAT.

November 16, 2005

ORDER

JAMES TEILBORG, District Judge

Pending before the Court is Reese Benally's motion to hold collection process in abeyance until an evidentiary hearing can be held to determine if the Government obtained a default judgment by using fraud (Doc. #74). Basically, Mr. Benally is arguing that the Government is collecting money from him that Mr. Benally argues the Government does not have the authority to collect.

The Government responds and recounts that as part of Mr. Benally's plea agreement, Mr. Benally agreed to and was ordered to pay restitution to his victims (Doc. #75). Therefore, the Government asserts that it is collecting the restitution consistent with the terms of the plea agreement and Judgment in this case (both of which are attached to the Government's response). Mr. Benally did not file a reply.

For the reasons stated in the Government's response, Mr. Benally's motion will be denied. The Government has properly instituted collections proceedings in accordance with the plea agreement and Judgment in this case and no evidentiary hearing is necessary. Accordingly,

IT IS ORDERED that Reese Benally's motion to hold collection process in abeyance until an evidentiary hearing can be held to determine if the Government obtained a default judgment by using fraud (Doc. #74) is denied.