Roosevelt Erving v. Jared Rardin, Warden

Summary

The magistrate judge recommends denying Roosevelt Erving's habeas petition challenging the continued enforceability of a $443,912.34 restitution obligation imposed in his federal criminal case. The recommendation concludes that 18 U.S.C. § 3613(b) terminates the obligation 20 years after the later of judgment or the person's release from imprisonment, and Erving remains incarcerated; it also notes potential jurisdictional and exhaustion issues.

Holdings

1. Under the plain text of 18 U.S.C. § 3613(b), restitution liability terminates on the later of twenty years after entry of judgment or twenty years after the person's release from imprisonment. Because Erving remained imprisoned, the later termination date had not occurred, and his restitution obligation remained in effect.
2. The report stated that it was exceedingly doubtful that a claim concerning a restitution obligation could be raised through habeas corpus because such a claim does not challenge the prisoner's custody, but it did not rely on that issue as the basis for the recommendation.

Questions Presented

1. Whether 18 U.S.C. § 3613(b) terminated Erving's restitution obligation twenty years after entry of the criminal judgment even though he had not yet been released from imprisonment.
2. Whether Erving could challenge the continuing restitution obligation through a federal habeas petition.

Disposition

dismissed