United States v. Stephen Gills , 627 F. App'x 204 ( 2015 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-7539
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    STEPHEN D. GILLS,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk.      Henry Coke Morgan, Jr.,
    Senior District Judge. (2:14-cr-00160-HCM-DEM-1)
    Submitted:   December 17, 2015             Decided:   December 22, 2015
    Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Stephen D. Gills, Appellant Pro Se. Melissa Elaine O’Boyle,
    Assistant United  States  Attorney, Norfolk, Virginia,  for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Stephen Gills appeals the district court’s order denying
    his motion to modify his schedule of restitution payments.                                       When
    a   defendant     is    ordered       to    pay       restitution,        and    a    “‘material
    change in the defendant’s economic circumstances [] might affect
    the   defendant’s        ability       to    pay       restitution,’”       the       sentencing
    “court    is    authorized       to    adjust          the    payment     schedule          as   the
    interests of justice require.”                    United States v. Grant, 
    715 F.3d 552
    , 554 (4th Cir. 2013) (quoting 18 U.S.C. § 3664(k)).                                       Here,
    the   district        court    found       that       Gills   had    alleged         no   material
    changes.       We have reviewed the record and found no reversible
    error    in    the    district     court’s            order   declining         to    modify      its
    restitution          schedule.         See        United       States      v.        Gills,      No.
    2:14-cr-00160-HCM-DEM (E.D. Va. Sept. 8, 2015).
    Accordingly, we affirm the denial of Gills’ motion.                                         We
    dispense       with     oral     argument          because         the    facts       and     legal
    contentions      are     adequately         presented         in    the   materials         before
    this court and argument would not aid the decisional process.
    AFFIRMED
    2
    

Document Info

Docket Number: 15-7539

Citation Numbers: 627 F. App'x 204

Judges: Diaz, Harris, Hamilton

Filed Date: 12/22/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024