United States Eighth Circuit

In defendant's appeal from a garnishment order entered by the district court allowing the government to seize and sell defendant's stored grain in an effort to satisfy restitution owed to the U.S. as part of a criminal sentence, the order is affirmed where 1) the district court did not abuse its discretion by declining to abstain from exercising jurisdiction because defendant did not identify any issue relating to the garnishment order that was within the special competence of an administrative agency; and 2) a pending state foreclosure proceeding involving defendant-s farm was not parallel to the garnishment proceeding in his criminal case.

Appellate Information

• Decided 05/13/2010
• Published 05/13/2010

Judges

Court

• United States Eighth Circuit

Counsel