Supreme Court of the United States · Official docket →
Roger Waldner, et al. v. United States
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-3705 · judgment January 21, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In accordance with 18 U.S.C. § 3664(m)(l)(A), the USA may utilize all provisions of 18 U.S.C. § 3613 for the enforcement of an order of restitution. The USA’s garnishment of $80,000 was identified as restitution in Waldner’s criminal case within the 20 years allowed by 18 U.S.C. § 3613 for collection by the USA. The USAs garnishment was timely. The garnishment was not identified as restitution on Roger’s criminal case until 2017. “Recoupment claims are generally not barred by a statute of limitations so long as the main action is timely.” Reiter v. Cooper, 507 U.S. 258, 264 (1993). The following questions are presented for review:
-
Would a GVR Order for a hearing below reveal that no court below gave Glenn a hearing on his recoupment defense?
-
Would a GVR-ordered hearing below likely result in recovery of the $80,000 without using much of this Court’s limited docket?
Counsel of record
For petitioner
Roger Dean Waldner
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 18 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 13 2021Waiver of right of respondent United States to respond filed.
- Jul 26 2021Petition for a writ of certiorari filed. (Response due August 30, 2021)