United States v. Victor G. Baxter
694 F. App'x 762
| 11th Cir. | 2017Background
- Victor Baxter was convicted of drug and firearms offenses and sentenced to, among other things, a $10,000 criminal fine.
- Baxter was incarcerated in BOP custody and maintained a BOP trust account.
- After Baxter’s mother died, he received funds deposited into his BOP trust account.
- The government moved for application of the BOP trust funds to Baxter’s outstanding fine balance.
- Baxter argued the court erred because he was following a BOP-established payment schedule and had not defaulted on scheduled payments.
- The district court granted the government’s motion; Baxter appealed the use of his BOP trust funds and the assessment of interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BOP trust funds (inheritance) can be applied to an outstanding fine during incarceration | Baxter: Funds in his BOP account should not be seized because he was current on a payment schedule | Government: 18 U.S.C. § 3664(n) requires incarcerated persons to apply substantial resources (e.g., inheritance) to fines | Court: Affirmed — § 3664(n) mandates applying such funds to fines when received during incarceration |
| Whether interest and immediate payment rule apply despite a written payment schedule with BOP | Baxter: Written judgment/payment schedule and BOP agreement meant no default and no immediate payment/interest | Government: Statutes require fines > $2,500 to accrue interest if not paid within 15 days; oral sentence controls written judgment | Court: Affirmed — oral pronouncement that fine was "payable immediately" controls; interest attached because fine > $2,500 and not paid in 15 days |
Key Cases Cited
- United States v. Khoury, 907 F.2d 975 (11th Cir. 1990) (an orally pronounced sentence controls when it conflicts with the written judgment)