Lemoine

United States v. Lemoine

Good Law
United States Court of Appeals for the Ninth CircuitOctober 8, 200806-50663California4,204 words

Opinion

Opinion

I. Background

Christopher Lemoine was, after a guilty plea, convicted of one count of wire fraud in violation of 18 U.S.C. § 1343. That proceeding was in the Central District of California. Lemoine was sentenced to imprisonment for 77 months, to serve five years thereafter on supervised release, and to pay restitution in the total amount of $2,835,126.88, pursuant to the Manda- tory Victims Restitution Act (MVRA), 18 U.S.C. § 3663A. The Judgment and Probation/Commitment Order entered by the district court required that Lemoine pay restitution during his imprisonment “at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons’ Inmate Financial Responsibility Program.” The order required Lemoine to make “monthly payments of at least $500” while on super- vised release.

After he began serving his sentence at the medium security facility operated by the BOP in Sheridan, Oregon, Lemoine enrolled in the IFRP. As a condition of his participation in the program, the BOP required that Lemoine pay restitution at a rate of $132 per month, a dollar figure and a frequency higher than the “not less than $25 per quarter” specified in the court’s judgment. Lemoine…

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