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United States v. Hatfield

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 20, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PAMELA HATFIELD, SHEILA ACKLIN, AND JOSEPH J. FUSTON, SR., DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

Defendants Pamela Hatfield, Sheila Acklin, and Joseph Fuston each pled guilty to conspiring to enter pharmacies with the intent to steal a material or compound containing a quantity of a controlled substance in violation of 18 U.S.C. § 2118(b) and (d). Each was ordered to make restitution payments to pharmacies that were victims of burglaries committed during the course of the conspiracy.

On April 13, 2009, the Government moved to modify these Defendants' restitution orders so that only the "conspiracy leaders"-Rex, Everly, and Leamon Hatfield-are jointly and severally liable for the entire amount of restitution owed.

18 U.S.C. § 3664(h) provides:

If the court finds that more than 1 defendant has contributed to the loss of a victim, the court may make each defendant liable for payment of the full amount of restitution or may apportion liability among the defendants to reflect the level of contribution to the victim's loss and economic circumstances of each defendant.

Whether to modify the Defendants' restitution orders is within this Court's discretion. The Court declines to exercise its discretion here, so that the possibility of each victim's full recovery is increased.

Accordingly, the Court DENIES the Government's motion (Doc. 231).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20090420

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