Opinion
Criminal Case No. 02-cr-00509-REB.
October 18, 2006
ORDER
The matter came before me sua sponte on November 8, 2005, for consideration of modification of defendants' terms of supervised release to provide for reasonable community service in lieu of restitution. I entered orders, see [#226] and [#227], to facilitate consideration of any proposed modification of conditions of supervised release without a hearing consistent with the requirements of 18 U.S.C. § 3583(e)(2) and Fed.R.Crim.P. 32.1(c).
In response to my orders, defendants filed Defendants' Joint Plan For Performance Of Community Service In Lieu Of Restitution And Joint Motion To Rescind Requirement Of Supervised Release [#228] on December 2, 2005. The government objected to defendants' joint plan and motion in Government's Response To Defendants' Plan Regarding Restitution And Supervisory Release Requirement [#229] filed December 12, 2005. Subsequently, defendants filed Defendants' Joint Motion For Credit Of In Kind Payment In Lieu Of Restitution [#236] on January 3, 2006. After careful consideration of the defendants' plan and motions and the government's response in the superintending context of the relevant provisions of the Mandatory Victim Restitution Act of 1996, 18 U.S.C. § 3663A, I reject defendants' proposed plans and deny their motions.
THEREFORE, IT IS ORDERED as follows:
1. That Defendants' Joint Plan For Performance Of Community Service In Lieu Of Restitution And Joint Motion To Rescind Requirement Of Supervised Release [#228] filed December 2, 2005, IS REJECTED AND DENIED; and
2. That Defendants' Joint Motion For Credit Of In Kind Payment In Lieu Of Restitution [#236] filed January 3, 2006, IS DENIED.