Free Order on Motion to Modify Conditions of Release - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 William James Osborn, 13 Defendant. 14 15 16 The court now has before it the defendant's motion for modification of supervised 17 release (doc. 21), the government's response (doc. 23), defense counsel's response (doc. 24), 18 and a memorandum from Darin Myler of the probation office concurring with the 19 government's position. 20 The defendant asks that we modify the restitution amount both because he cannot 21 afford to pay it and because he alleges that some of the funds stolen were returned to the 22 bank. By its response, the government supports the defendant's request and indeed suggests 23 that the defendant has paid the banks $410.62 more than they were entitled to. Both the 24 probation department and defense counsel agree. No party has told us whether the amount 25 is in the hands of the clerk's office or whether that amount is in the hands of the banks. If 26 it is in the hands of clerk's office, it should be returned by the clerk to the defendant. If it is 27 28
Case 2:02-cr-00377-FJM Document 25 Filed 07/16/2007 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

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CR 02-377-01-PHX-FJM ORDER

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in the hands of the banks, the banks should return it to the defendant. We will await further word from the government and the clerk's office on this. In any event, IT IS ORDERED GRANTING the defendant's motion for modification to the extent that all of the defendant's restitution obligations have been satisfied and that the defendant need make no further restitution payments (doc. 21). DATED this 13th day of July, 2007.

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