USA v. Long

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
UNITED STATES OF AMERICA, 3:15-CR-30118-RAL
Plaintiff,
vs.
MICHAEL LEE LONG JR.,
ORDER REQUIRING BRIEF FROM
UNITED STATES ON MOTION TO SEIZE
PORTION OF INMATE TRUST ACCOUNT
Defendant.
On January 24, 2022, the United States filed a Motion to Authorize Payment from Inmate
Trust Account, seeking to have a portion of Defendant's inmate trust account seized to pay an
outstanding unpaid restitution balance of$2,236.81. Among other things,the United States refers
to 18 U.S.C. § 3664(n)in support ofits motion,emphasizing the "from any source" provision. The
United States does not cite the recent Eighth Circuit decision in United States v. Kidd, No. 20-
2616, 2022 WL 90206 (8th Cir. January 10, 2022), which gave a restrictive reading to the "from
any source" language of § 3664(n) and vacated and remanded a district court order to seize a
portion of an inmate trust account to satisfy a restitution award. In the wake ofthe Kidd decision,
the motion filed by the United States presents an issue of law, such that a brief should be filed
explaining why, notwithstanding the recent Kidd decision, this Court should grant the motion to
authorize payment from Defendant's inmate trust account. Therefore, it is
Case 3:15-cr-30118-RAL Document 133 Filed 01/25/22 Page 1 of 2 PageID #: <pageID>

ORDERED that the United States has seven days from this order to file a brief in support
of the motion to authorize payment from inmate trust account specifically addressing the
ramifications ofthe Eighth Circuit decision in Kidd on the pending motion.
DATED this 25th day of January, 2022.
BY THE COURT:
ROBERTO A. LANG
CHIEF JUDGE
Case 3:15-cr-30118-RAL Document 133 Filed 01/25/22 Page 2 of 2 PageID #: <pageID>