United States v. Hack, No. 19-6278 (6th Cir. 2021)
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In 2013, Hack pleaded guilty to conspiracy to commit bank fraud, mortgage fraud, and wire fraud. The plea agreement contained an appeal waiver. In addition to terms of imprisonment and supervised release, the court ordered Hack to pay $803,420 in restitution to two mortgage companies, as required by the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. 3664(f)(1)(A). The court set a payment schedule during Hack’s imprisonment and stated: Upon commencement of the term of supervised release, the probation officer shall review your financial circumstances and recommend a payment schedule on any outstanding balance... Within the first 60 days of release, the probation officer shall submit a recommendation to the court for a payment schedule, for ... final approval. The record does not reflect that the court ever set a post-release payment schedule or that the probation officer ever recommended one.
During his period of supervised release, Hack moved to modify the restitution order, citing “a one-time opportunity” to obtain financing and proposing to pay the mortgage companies $100,000 and $28,000 in lump sums, attaching declarations from the companies stating that they preferred lump-sum payments over incremental payments. The district court denied the motion, concluding that it did “not have the authority under the MVRA to modify its final Restitution Order into two reduced lump-sum restitution payments.” The Sixth Circuit affirmed, concluding that Hack’s plea agreement barred the appeal.
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