United States v. Gerald Stone, 430 F. App'x 365

Stone was criminally convicted for Conspiracy to Commit Theft from an Organization and Attempt to Evade or Defeat Tax; restitution of $672,221 to HUD was ordered with a lien created under 18 U.S.C. § 3613(c).
A monthly restitution schedule of $200 was set to begin after release from prison.
Hildenbrand, Stone’s co-defendant, was ordered to pay the same restitution amount, with joint and several liability; her appeal and post-conviction motions were resolved in the criminal case.
The government pursued two civil garnishment actions, one against Hildenbrand (dismissed after her motion to quash was granted) and one against Stone, which continued.
Stone moved to stop the garnishment, arguing the criminal judgment was invalid and the quash order in the criminal case applied to him; the district court denied relief and issued garnishments against Stone.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Collateral attack on criminal judgment	Stone	Stone	Cannot collaterally attack final criminal judgment; res judicata applies.
Effect of quash order on garnishment against Stone	Stone	Hildenbrand	Quash order in criminal case did not preclude civil garnishment against Stone.
Right to a hearing on postjudgment garnishment	Stone	Stone	No abuse of discretion; hearing denied as no statutory noncompliance or coherent exemption shown.

United States v. Davenport, 484 F.3d 321 (5th Cir. 2007) (res judicata and collateral attack considerations in subsequent proceedings)
United States v. Jimenez, 509 F.3d 682 (5th Cir. 2007) (standards for hearings in garnishment contexts)
Kontrick v. Ryan, 540 U.S. 443 (2004) (subject-matter jurisdiction may not be attacked collaterally)
Travelers Indem. Co. v. Bailey, 129 S. Ct. 2195 (U.S. 2009) (final judgments in prior proceedings preclude new challenges)
United States v. County of Cook, Ill., 167 F.3d 381 (7th Cir. 1999) (principles of collateral attacks and postjudgment remedies)