Summary: The defendant filed a motion to dismiss the Government’s garnishment proceeding. The Court denied the motion, finding that the garnishment was not barred by the ex post facto clause; that the commingling of civil and criminal actions is permitted to enforce a criminal restitution judgment; that the defendant has been afforded his due process rights; and that the defendant’s claim for exemptions is not a basis for dismissal.
Case Name: USA v. Larry J. Young
Case Number: 1-07-mc-09/1-90-cr-8
Docket Number: 38
Date Filed: 5/1/08
Nature of Suit:
click here to load this opinion (PDF file)IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
United States of America,
Larry J. Young,
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) ) ORDER DENYING DEFENDANT’S ) MOTION TO DISMISS ) ) Case No. 1:07-MC-09/1:90-CR-08 ) ) ) ) ) |