United States v. Richard Goyette
446 F. App'x 718
5th Cir.2011Background
- Goyette pled guilty to two counts and was ordered to pay $87,734.40 restitution under MVRA; a lien arose under 18 U.S.C. § 3613(c).
- He proceeded pro se and failed to timely file a direct appeal of his conviction; the court remanded to consider an extension of time to appeal.
- Garnishment under FDCPA began in Oct 2009 to enforce the restitution order; writs were served on garnishees including Ameritrade, Inc. with $339,085.03.
- Goyette unsuccessfully moved to quash a writ to Ameritrade two days before a sentencing appeal denial; the district court denied the motion.
- He sought a § 3202 hearing and later sought a stay of the restitution judgment and a challenge to a 10% surcharge; the district court denied these efforts.
- The district court entered a final garnishment order May 20, 2010; amended final order entered June 2010; appeal dismissed as moot; this court retains jurisdiction under appellate rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Goyette is entitled to a § 3202 hearing to contest restitution amount | Goyette argues for a hearing to challenge the restitution amount. | Goyette’s request seeks to collaterally attack the restitution order, not permitted by § 3202. | No; § 3202 limits issues to exemptions, compliance with writ issuance, and certain default-judgment issues. |
| Whether the 10% surcharge on restitution was properly imposed | Goyette challenges the statutory surcharge. | The United States may recover a 10% surcharge under 28 U.S.C. § 3011 unless exceptions apply. | The district court did not abuse its discretion; surcharge permitted. |
Key Cases Cited
- Travelers Indem. Co. v. Bailey, 129 S. Ct. 2195 (Sup. Ct. 2009) (restraint on collateral attack after final judgment; res judicata applies to issues from prior case)
- United States v. Adams, 363 F.3d 363 (5th Cir. 2004) (MVRA restitution is a criminal penalty forming part of sentence; procedural bar to collateral challenges)
- United States v. Guerra, 94 F.3d 989 (5th Cir. 1996) (procedural bar where issues could have been raised on direct appeal)
- In re Tex. Wyo. Drilling, Inc., 647 F.3d 547 (5th Cir. 2011) (res judicata and standard of review for legal questions; de novo review of certain rulings)