United States v. Geoffrey Mousseau

MEMORANDUM

Geoffrey Mousseau (“Mousseau”) appeals pro se the district court’s denial of his motion to determine the enforceability of a restitution order and to lift a restitu tion lien. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err in denying Mousseau’s motion to discharge his restitution obligation and to lift the restitution lien. First, the Mandatory Victims Restitution Act (“MVRA”) requires full, not partial, restitution. 18 U.S.C. § 3663A, 3771(a)(6); United States v. Grice, 319 F.3d 1174, 1177 (9th Cir.2003) (per cu-riam). The district court does not have the authority to discharge a restitution obligation that is not fully satisfied. Here, the restitution obligation has not been fully satisfied.

Moreover, a civil settlement in bankruptcy court does not discharge the criminal restitution obligation mandated by the MVRA. A bankruptcy settlement subsequent to the imposition of restitution in criminal court does not waive the requirement of restitution. See United States v. Edwards, 595 F.3d 1004, 1014 (9th Cir. 2010); see also United States v. Cloud, 872 F.2d 846 (9th Cir.l989) (holding “that the existence of a prior…