United States v. Cunningham

2014 WL 3002207 (2014)

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United States v. Cunningham

United States District Court for the Northern District of California
2014 WL 3002207 (2014)

RW

Facts

Randy Cunningham (defendant) was a retired military hero and former United States congressman with no criminal record. The federal government (plaintiff) obtained Cunningham's conviction, in federal district court, for tax evasion. Cunningham lost his home, marriage, and reputation as a result of his conviction and sentence to prison, home confinement, and three years' supervised release. In addition, Cunningham was under a court order to pay restitution and back taxes. Cunningham had completed his imprisonment and home confinement, and had served one year of supervised release. The Internal Revenue Service had collected a third of the money Cunningham owed, and continued to garnish a third of his income each month. Cunningham was performing extensive volunteer work, and many community leaders supported his motion for early termination of his supervised release. The government objected, saying that its policy was not to support such motions until a convict completed two-thirds of his supervised release and repaid his monetary penalties in full.

Rule of Law

Issue

Holding and Reasoning (Burns, J.)

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