United States District Court, D. Maine
ORDER ON DEFENDANT'S MOTION FOR THE PRODUCTION OF
A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE.
Court dismisses without prejudice an inmate's request for
production of victim affidavits.
The May 29, 2015 Sentencing and Restitution Order
October 30, 2014, James Stile pleaded guilty to robbery of
controlled substances from a DEA registered pharmacy, a
violation of 18 U.S.C. § 2118(a). Minute Entry
(ECF No. 541). Before the sentencing hearing, Mr. Stile
withdrew his objection to the value of the drugs stolen.
Def.'s Sentencing Mem. at 4 (ECF No. 561)
(“Although Mr. Stile objected to the enhancements of
one-level for the value of the drugs stolen . . ., he now
withdraws those objections”).
29, 2015, the Court sentenced Mr. Stile to 120 months
incarceration, $13, 306.93 in restitution, a $100.00 special
assessment, and five years of supervised release. J.
(ECF No. 579). Consistent with his pre-hearing position, Mr.
Stile did not object to the restitution figure of $13, 306.93
at his sentencing hearing:
Court: The court makes the following guideline calculations:
The total loss in this case was $13, 306.93. Since the loss
is more than $10, 000, but less than $15, 000, one level is
Restitution is mandatory in the amount of $13, 306.93.
Is there any objection to these findings, other than the
objections previously made, on the part of the defendant?
Mr. Rodway: There are none, Your Honor.
Tr. of Proceedings, Sentencing Proceedings
184:16-86:7 (ECF No. 610) (Tr.). Indeed, during his
allocution, Mr. Stile expressed remorse for the victims:
The Defendant: This is very difficult, Judge. It's not
about Jim Stile; it's about the victims. Almost four
years I've been locked up. I've cried a lot, not for
me, for them.
The Defendant: I want to make amends to those people there.
The financial amends, a thousand dollars. I train a dog,
that's a thousand dollars, I'd give it to [the
Id. 138:5-8. In its sentencing judgment, the Court
ordered Mr. Stile to pay restitution in the total amount of
$13, 406.93. J. at 5. In pronouncing its sentencing
judgment, the Court stated:
The Court imposes a criminal monetary penalty on Count 1 in
the amount of $100. The Court finds the defendant does not
have the ability to pay a fine, and the court will waive the
fine in this case. Restitution is mandatory in the amount of
$13, 306.93. The defendant shall make restitution to the E.W.
Moore & Son Pharmacy at 337 Main Street, Bingham, Maine
04920, in the amount of $13, 306.93. The Court finds the
defendant does not have the ability to pay interest on the
restitution, and it is ordered that the interest requirement
Payment shall be applied in the following order: One, to the
assessment; and two, to the restitution. Payment of the total
fine and other criminal monetary penalties shall be due in
full immediately. Any amount the defendant is unable to pay
now is due and payable during the term of incarceration. Upon
release from incarceration, any remaining balance shall be
paid in monthly installments to be initially determined in
amount by the supervising officer. Said payments are to be
made during the period ...