United States Sixth Circuit

District court had no authority under the All Writs Act to vacate the judgment lien entered against defendant's property pursuant to the Mandatory Victims Restitution Act; state courts were the proper forum in which to argue that the lien conflicted with the district court's pro rata order.

Appellate Information

• Decided 03/10/2004
• Published 03/10/2004

Judges

• Before:  CLAY and GIBBONS, Circuit Judges;  DUGGAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Robert M. Gippin (briefed), Karen Kelly Grasso (argued and briefed), Thompson Hine, Cleveland, OH, for Intervenor-Appellant.


• For Appellees:
  
• Christian H. Stickan (argued and briefed), Assistant United States Attorney, Cleveland, OH, for Plaintiff-Appellee., Frank M. Pignatelli, Emershaw, Mushkat & Schneier, Akron, OH, Frank J. Witschey (argued and briefed), Witschey & Witschey, Akron, OH, for Defendant-Appellee.