United States v. Robert Morales, Sr.

Bad Law
2003 Daily Journal DAR 5253·328 F.3d 1202·2003 WL 21107290·2003 Cal. Daily Op. Serv. 4099·2003 U.S. App. LEXIS 9455
United States Court of Appeals for the Ninth CircuitMay 16, 200302-50154California770 words

Opinion

Opinion

Beezer, J.

Robert Morales appeals the district court’s denial of his motion to vacate or reduce monthly payments on his fine. The district court dismissed the motion for lack of jurisdiction. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

Morales worked as an agent for the Internal Revenue Service (“IRS”). During his employment, Morales accepted 6437 bribes. In 1991, Morales pleaded guilty to conspiracy to defraud the United States, money laundering, official corruption and tax fraud. Morales received a sentence of 144 months in prison and a fine of $607,000. Morales also received three years of supervised release. The fine represents the amount of known bribes accepted by Morales during his work as an IRS agent. The fine is collected through offsets against Morales’s civil service pension under 31 U.S.C. § 3716 . The government collected funds from Morales’s pension while Morales was incarcerated. Following Morales’s release from prison, the government began collecting the sum of $1,506.21 from his $2,500 civil service monthly pension.

In 2002, Morales moved to vacate the fine or to reduce payments on the fine. The district court denied the motion, holding that…

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