United States v. Peters, No. 13-13567 (11th Cir. 2015)
Annotate this CaseDale Peters appealed a final order denying his request for transfer of Writ of Execution proceedings to California and a hearing by granting the government's Application for an Amended Writ of Execution, resulting from a restitution judgment entered against him. Peters was convicted of one count of conspiring to defraud the United States and thirty-one counts of filing false and fictitious claims on the United States in an extensive tax-fraud conspiracy. In early 2013, the district judge entered final judgment against Peters, which included 144 months of imprisonment and restitution of $5,362,039.69. The Eleventh Circuit affirmed his conviction and sentence. Later that year, the government filed an Application for Writ of Execution to levy on real property Peters owned in Sonora, California. His last known address was stated to be an apartment located in San Mateo. A deputy clerk entered a Writ of Execution on Peters' real property. Peters filed a Response to the Amended Application and Amended Writ of Execution, demanding a hearing and transfer of proceedings to the district, where he resided. Peters contended: (1) the property was exempt from levy, and (2) the restitution order was not final, because his criminal appeal was pending. The district judge concluded Peters' real property was not exempt from levy, because his restitution order had not been stayed. He found transfer of the Writ of Execution proceedings was not appropriate and granted the government's Amended Application for Writ of Execution. Peters appealed that final order. The Elevent Circuit reversed, finding the district judge erred in denying Peters' request to transfer his Amended Writ of Execution proceeding to California for a hearing. The final order granting the government's application for an Amended Writ of Execution after Peters' request for transfer was vacated, and the case remanded to the district judge to enter an order transferring Peters' Amended Writ of Execution proceeding to the California district court with jurisdiction for a hearing and decision.
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