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United States v. Stile

United States District Court, D. Maine

December 6, 2018

UNITED STATES OF AMERICA
v.
JAMES STILE

          ORDER ON DEFENDANT'S MOTION FOR THE PRODUCTION OF VICTIM AFFIDAVITS

          JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE.

         The Court dismisses without prejudice an inmate's request for production of victim affidavits.

         I. BACKGROUND

         A. The May 29, 2015 Sentencing and Restitution Order

         On 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”).

         On May 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 added.
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.

Id. 130:20-24.

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 pharmacist].

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 is waived.
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 ...

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