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U.S. District Court: DEDUCTIONS FROM PAY PROPERTY INTEREST.


Phillips v. Booker, 76 F.Supp.2d 1183 (D.Kan. 1999). A prisoner filed a habeas corpus habeas corpus (hā`bēəs kôr`pəs) [Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a  petition challenging the execution of his sentence because the Bureau of Prisons had delegated payments of court-ordered restitution In the context of Criminal Law, state programs under which an offender is required, as a condition of his or her sentence, to repay money or donate services to the victim or society; with respect to maritime law, the restoration of articles lost by jettison, done when the  through the Inmate Financial Responsibility Program (IFRP IFRP Inmate Financial Responsibility Program (US Bureau of Prisons) ). The court denied the petition, finding that even though restitution was ordered to be paid immediately by the court it did not become void because it could not be paid in full immediately. The court found that the federal prisoner did not possess a liberty or property interest in his Federal Prison Industries job assignment and therefore he could be presented with the choice of assigning one-half of his pay to satisfy his restitution obligation or losing his job, without any violation of his due process rights. (United States Penitentiary, Leavenworth The United States Penitentiary (USP), Leavenworth is located in Leavenworth, Kansas on 1,583 acres (6.4 km²) with 22.8 acres (92,000 m²) inside the penitentiary walls. The USP Leavenworth came into existence through an act of the United States Congress in 1895. , Kansas)
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Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:May 1, 2000
Words:134
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