IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 19, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
LOYD WARD TUTOR, SR., DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge:
Now before the Court is defendant's motion to set aside special penalty assessment and fine (Doc. 174). Specifically, Defendant moves the Court to set aside all special penalties, assessments and fines imposed upon him due to the recent loss of his spouse, job and residence. While the Court is sympathetic to defendant's situation, the Court denies the motion. As defendant is currently incarcerated, the payment of the fine and special assessment is voluntary. See United States v. Boyd, 608 F.3d 331, 334 (7th Cir. 2010)("The IFRP can be an important part of a prisoner's efforts toward rehabilitation, but strictly speaking, participation in the program is voluntary."). The Court notes that if defendant signed a contract with the prison he should try to restructure the contract due to his change in financial circumstances. After defendant is released from prison and he still has dire financial circumstances, he should discuss his situation with his probation officer about a modification of his supervised release conditions. Accordingly, the Court DENIES defendant's motion to set aside special penalty assessment and fine (Doc. 174).
IT IS SO ORDERED.
Digitally signed by David R. Herndon 2011.04.19 09:40:23 -05'00' Chief Judge United States District Court
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