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United States of America v. Vincent B. Hamilton

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 21, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
VINCENT B. HAMILTON, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert U.S. District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on defendant Vincent B. Hamilton's request for a hearing on his challenge to the Government's execution of $65 held by the State of Illinois and application of that sum to the monetary portion of judgment in Hamilton's criminal case (Doc. 32). He claims that property is exempt from execution because it qualifies as "undelivered mail" under 26 U.S.C. § 6334(a)(5). The Court allowed Hamilton a chance to submit evidence showing a genuine issue of material fact that would justify an evidentiary hearing on the issue of whether the $65 is exempt from execution as "undelivered mail," but he has not submitted any materials. There being no evidence in the record to justify a hearing or an exemption of the $65 at issue in this case, the Court DENIES Hamilton's motion for a hearing (Doc. 32) and FINDS that the $65 the Government obtained from the State of Illinois and applied to Hamilton's criminal judgment is not exempt from execution as "undelivered mail."

IT IS SO ORDERED.

J. Phil Gilbert

20110321

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