Opinion
3:09-cr-0039-LRH-VPC.
November 2, 2010
ORDER
Before the court are the parties' briefs concerning the imposition of restitution against defendant Donald Kenneth Howard ("Howard"). Doc. ## 71, 72.
Refers to the court's docketing number.
On June 2, 2010, Howard entered a plea of guilty to furnishing false information to the Commissioner of Social Security in violation of 42 U.S.C. 408(a)(6), and aggravated identity theft in violation of 18 U.S.C. 1028A. Doc. #66. On August 30, 2010, Howard was sentenced to a total of forty-two (42) months incarceration. Doc. #69. However, at that time, the court withheld imposing restitution and granted the parties leave to file briefing on that issue. Id.
The court has reviewed the documents and pleadings on file in this matter and finds that restitution is appropriate. Pursuant to 18 U.S.C. § 3663(a)(1)(A), the court may order restitution as part of a criminal sentence for violations of Title 18. Here, defendant Howard pled guilty to aggravated identity theft, a violation of Title 18, by using the identity of a deceased individual to apply for and receive social security benefits in the deceased's name. See Doc. #66. As a result of Howard's conduct, he received $20,636.40 in unlawful benefit payments from the Commissioner of Social Security from February 8, 2006, through December 1, 2008. See Doc. #72, Exhibit 1. As such, the court finds an order of restitution is appropriate. See 18 U.S.C. § 3663(a)(1)(A). Accordingly, the court shall impose restitution against defendant Howard in the amount of $20,636.40.
IT IS THEREFORE ORDERED that restitution against the defendant is IMPOSED in the amount of $20,636.40.
IT IS FURTHER ORDERED that the clerk of court shall AMEND the defendant's sentence and judgment (Doc. #70) in accordance with this order.
IT IS SO ORDERED.
DATED this 1st day of November, 2010.