United States Eighth Circuit

A sentencing judge lacks the power to order the clerk of court to pay money received to satisfy the government's restitution lien to anyone other than the restitution victim identified in the judgment of conviction, as applicable statutes and regulations impose a ministerial duty on the clerk to pay the restitution victim.

Appellate Information

• Decided 07/25/2008
• Published 07/25/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary L. Hayward, AUSA, Des Moines, IA, for appellant., Bonnie Steele Boal, Des Moines, IA, pro se.


• For Appellees:
  
• Nicholas Drees, AFPD, Des Moines, IA, for appellee.