United States v. Lauersen, No. 09-0255 (2d Cir. 2011)
Annotate this CaseDefendant, subject to delinquency and default penalties under 18 U.S.C. 3612(g) for failure to pay restitution and a fine arising from his criminal conviction, appealed a district court order denying his request that the district court waive or reduce such penalties. At issue was whether the district court erred by finding that it lacked the authority under section 3612 to waive all or part of defendant's delinquency and default penalties. The court held that the district court correctly interpreted section 3612(h) as authorizing only the Attorney General, in its discretion, to waive all or part of delinquency and default penalties properly assessed pursuant to section 3612(g). Therefore, the district court properly denied defendant's motion for waiver of his delinquency and default penalties.
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