United States v. Saemisch, No. 22-1076 (1st Cir. 2023)
Annotate this Case
The First Circuit affirmed the order of the district court applying the so-called "turnover" statute, 18 U.S.C. 3664(n), in this case regarding the disposition of the funds held in Appellant's inmate trust account, holding that no additional fact-finding was required and that the turnover order was within the ambit of the district court's discretion.
Appellant was convicted of distributing child pornography. As part of Appellant's sentence, the district court ordered him to make $18,000 in restitution to the victims of his crimes. During Appellant's incarceration the government learned that his inmate trust account reflected a balance of $10,956 and successfully moved for an order authorizing the Bureau of Prisons to to "turnover" Appellant's funds to be used as payment towards his outstanding restitution obligation. The First Circuit affirmed, holding that the turnover order was valid and that the district court did not abuse its discretion in issuing the order.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.