United States District Court, D. Massachusetts
ORDER ON MOTION TO RECONSIDER CONTRIBUTION TO COST OF
H. Hennessy United States Magistrate Judge
husband and wife, jointly move for relief from an order of
this court requiring each of them to contribute $250 per
month to the cost of appointed counsel. See Docket
No. 38. To that end, Defendants propose that all
contributions they have made pursuant to the court’s
order be applied to the restitution amount of $52, 389 which
District Judge Hillman ordered. See Judgments filed
August 4, 2016. For the reasons stated below, the motion is
Span and his wife Stacia Richardson-Span were originally
charged by criminal complaint with conspiracy to convert
government property, in violation of 18 U.S.C. § 371.
Courtney Span was also charged with the substantive offense
of theft of government property, in violation of 18 U.S.C.
§ 641. See Docket No. 4. The complaint alleged,
in substance, that for approximately four years after the
death of Mrs. Span’s mother in 2010, Mr. and Mrs. Span
failed to notify the Social Security Administration of the
death, and instead collected and converted to their personal
use more than $55, 000 in Social Security benefits intended
for Mrs. Span’s mother. Id. ¶ 7.
initial appearances of each Defendant, the court reviewed
financial affidavits and requested supplemental financial
information. See Docket Nos. 8 and 9. On the basis
of these submissions, the court appointed counsel for each
Defendant. Id. The court released Defendants with no
financial condition. See Docket Nos. 11 and 12.
However, after a hearing, the court ordered each Defendant to
contribute $250 per month toward the costs of appointed
counsel. See Docket Nos. 16 and 17. In relevant
part, the order provided:
to 18 U.S.C. § 3006A(f), the court hereby orders as
By no later than the last business day of each month while
this case is pending, and beginning on December 30, 2015,
Defendant shall mail by first class mail or hand deliver a
check for $250 to the Clerk’s Office, U.S. District
Court, 595 Main Street, Worcester, Massachusetts 01608. The
check shall be made payable to “Clerk, U.S. District
Court, ” and on the check shall be noted the docket
number of this case, which is 15-4401-DHH, and the words,
February 2016, the United States filed a one-count
information charging Defendants with Theft of Government
Property and Aiding and Abetting. See Docket No. 19.
The information alleged that the value of the property stolen
was $52, 389. Id. On March 22, 2016, Defendants
waived indictment and pleaded guilty to the information.
See Docket Nos. 22-25. In written plea agreements,
Defendants agreed to forfeiture of a total of $52, 389.
See Docket Nos. 28 and 29. Judge Hillman scheduled
sentencing for June 20, 2016, see Docket Nos 24 and
25; however, the United States moved to continue sentencing
to July 12, 2016, see Docket Nos. 34 - 36.
Sentencing was held on that date. See Docket Nos.
43-44. The judgments, filed on August 4, 2016, order
Defendants to make restitution in the amount of $52,
Criminal Justice Act provides in relevant part:
Whenever the United States magistrate judge or the court
finds that funds are available for payment from or on behalf
of a person furnished representation, it may authorize or
direct that such funds be paid to … the court for
deposit in the Treasury as a reimbursement to the
18 U.S.C. § 3006A(f).
Guide to Judiciary Policy also addresses an eligible
defendant’s contribution to the cost of ...