U.S. v. Hendrix

Full title: UNITED STATES OF AMERICA, Plaintiff v. LELAN E. HENDRIX, Defendant

Court: United States District Court, D. Utah, Central Division

Date published: May 21, 2003

Case No. 2:01CR497 (D. Utah May. 21, 2003)

Opinion

Case No. 2:01CR497

May 21, 2003

PAUL M. WARNER, United States Attorney, DANIEL D. PRICE, Assistant United States Attorney, Salt Lake City, Utah, for the United States of America.

ORDER

DAVID NUFFER, United States Magistrate Judge

The Court, having received the Stipulation of the parties dated May 16, 2003, and good cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1. Judgment was entered on November 27, 2001 in the total sum of $1,025.00 in favor of the United States of America (hereafter the "United States") and against Lelan E. Hendrix (hereafter "Hendrix").

2. Hendrix has agreed to pay and the United States has agreed to accept monthly installment payments from him in the amount of $50.00 commencing on the 15^th day of June, 2003 and continuing thereafter on the 15^th day of each month for a period of 12 months. At the end of said time period, and yearly thereafter, Hendrix shall submit a current financial statement to the United States Attorney's Office. This payment schedule will be evaluated and may be modified, based on the documented financial status of Hendrix.

3. In addition to the regular monthly payment set forth in paragraph 2, above, Hendrix has agreed that the United States may submit his debt in the above-captioned case to the State of Utah and the U.S. Department of Treasury for inclusion in the State Finder program and the Treasury Offset program. Hendrix understands that under these programs, any state or federal payment that he would normally receive may be offset and applied toward the debt in the above-captioned case.

4. Hendrix shall submit all financial documentation in a timely manner and keep the United States Attorney's Office apprised of the following:

a. Any change of address; and

b. Any change in employment.

5. The United States has agreed to retrain from execution on the judgment so long as Hendrix complies strictly with the agreement set forth in paragraphs 2 and 4, above. In the event Hendrix fails to comply strictly with the terms set forth in the Stipulation dated May 16, 2003, the United States may move the Court ex parte for a writ of execution and/or a writ of garnishment or any other appropriate order it deems necessary for the purpose of obtaining satisfaction of the judgment in full.