Free Petition - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona ELIZABETH A. WILSON Assistant U.S. Attorney Arizona State Bar No. 017087 Financial Litigation Unit 405 W. Congress, #4900 Tucson, Arizona 85701-5041 Telephone: (520)620-7300 [email protected] Attorney for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, CR 03-50065-PHX-FJM v. Charles Edward Murphy, Defendant, and Allied Exhaust Systems Inc., Garnishee. Motion for Entry of Garnishment Disposition Order

The United States of America, by and through the undersigned Assistant United States Attorney, hereby files this Motion for Entry of Garnishment Disposition Order and in support thereof states as follows: 1. On March 31, 2000, a Judgment in a Criminal Case was entered against

Defendant in Texas as a result of Defendant's failure to pay child support. On April 16, 2003, jurisdiction of the case was transferred to the District of Arizona. 2. This Court retains jurisdiction of this action pursuant to United States of

America v. Mays, 430 F.3d 963 (9th Cir. 2005) which held that the District Court retains jurisdiction to enforce a judgment entered as part of a criminal sentence even after the expiration of a defendant's supervised release.

Case 2:03-cr-50065-FJM

Document 17

Filed 02/07/2006

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3.

On October 14, 2005, the United States filed an Application for Writ of

Garnishment pursuant to 18 U.S.C. § 3613(a) and 28 U.S.C. § 3205(c). On the same day, a Writ of Garnishment was issued by the Clerk of the Court. 4. The Writ of Garnishment was served on the Defendant's employer, the

Garnishee, on October 27, 2005. On the same day, the Clerk's Notice of Post Judgment Garnishment and Garnishment Instructions to Judgment Debtor was sent to Defendant. Both of these documents informed the Defendant that if he objected to the garnishment, a hearing must be requested with the court, in writing, within twenty days of receipt of the Notice. The documents also provided the Defendant with the information necessary for the Defendant to request a hearing. 5. On October 31, 2005, the Garnishee returned to the United States an

Acknowledgment of Service pursuant to Rule 4(e)(1) Fed.R.Civ.P. and also filed an answer with the Court. 6. Defendant has not requested a hearing on the garnishment.

Wherefore, the United States respectfully requests that this Court enter a Garnishment Disposition Order directing the Garnishee to pay the withholdings currently held by the Garnishee pursuant to the Writ of Garnishment and to continue withholding and pay to the United States 25% of Defendant's non-exempt earnings until the judgment is paid in full or until the garnishee is no longer in possession of non-exempt earnings of the Defendant. DATED this 7th day of February , 2006. PAUL K. CHARLTON UNITED STATES ATTORNEY DISTRICT OF ARIZONA /s/ Elizabeth A. Wilson ELIZABETH A. WILSON Assistant U.S. Attorney

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I hereby certify that on the 7th day of February, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and I served the attached document by mail on the following, who are not registered participants of the CM/ECF system. /s/Gloria Linsenbach Charles Edward Murphy Apache Junction, AZ Allied Exhaust Systems, Inc. Benicia, California

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