United States v. Tarnawa

Summary

The Fifth Circuit held that a defendant's exemption from the Inmate Financial Responsibility Program (IFRP) via a habeas judgment constituted a material change in economic circumstances under 18 U.S.C. § 3664(k), allowing the district court to modify the restitution payment schedule. The court distinguished this one-time exemption from the gradual accumulation of prison wages, which alone may not be a material change. The court also rejected the argument that the § 3664(f)(2) factors must be explicitly considered when modifying restitution under § 3664(k). The modification requiring 50% of prison wages toward restitution was affirmed.

Holdings

1. The court held that the plain text of § 3664(k) does not require consideration of the § 3664(f)(2) factors, and even if it did, the Fifth Circuit does not require specific findings on each factor.
2. The court held that the exemption from the IFRP was a material change because it was a one-time event that relieved Tarnawa from a significant deduction from his inmate wages, differentiating from the gradual accumulation of prison wages.

Questions Presented

1. Whether the district court erred by modifying the judgment without articulating consideration of the § 3664(f)(2) factors.
2. Whether the exemption from the IFRP constituted a material change in economic circumstances under § 3664(k).

Disposition

affirmed