Revised Proposed Order Directing Credit Toward Restitution — United States v. Eric Shibley (W.D. Wash.)

Summary

A revised proposed Order Directing Credit Toward Restitution Obligation [or Indicative Ruling] in United States of America v. Eric Shibley, No. CR20-174 JCC, U.S. District Court for the Western District of Washington, filed June 13, 2022 as Document 172 and presented by defense counsel Michael Nance. The proposed order would direct that monies forfeited under the court's order of January 21, 2022 be credited toward the restitution ordered to lenders in the Amended Judgment, leaving an outstanding restitution obligation of $254,199. As an alternative under Rule 37(a), noting that the judgment is on appeal, it would state that the court would grant that relief if the case is remanded. The signature line for Judge John Coughenour is blank.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

1
Honorable John Coughenour 
UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF WASHINGTON, SEATTLE 
UNITED STATES OF AMERICA, 
) 
) 
No. CR20-174 JCC 
Plaintiff, 
). (revised proposed) 
) 
ORDER DIRECTING CREDIT 
v. 
) 
TOWARD RESTITUTION 
) 
OBLIGATION [OR INDICATIVE RULING] 
ERIC SHIBLEY, 
) 
) 
Defendant. 
) 
  
) 
The court has considered the Defense Motion for Clarification of Restitution 
Credit for Forfeited Funds or for an Indicative Ruling, and any government response 
thereto. 
——- Good cause has been shown. The Court directs that specific monies 
forfeited by the defendant to the government in its Order of January 21, 2022, be 
properly  credited toward the restitution later ordered to aggrieved lenders identified in the 
Amended Judgment.  After proper credit the Defendant’s remaining outstanding 
restitution obligation is $254,199, reflecting the remainder of the proceeds he personally 
retained from the offenses as determined in that Order.  See dkt #144.   
[OR] 
Case 2:20-cr-00174-JCC     Document 172     Filed 06/13/22     Page 1 of 2

2
  
  Mindful that the judgment in this case is presently on appeal, the 
Court,  pursuant to Rule 37(a), indicates that it would grant the relief indicated above if 
the case is remanded by the Court of Appeals for that purpose. 
ORDERED this 
day of June, 2022. 
 
 
 
 
 
 
________________________ 
 
John Coughenour 
U.S. District Judge 
Presented by: 
/s/ Michael Nance, WSBA #13933    
Attorney for Eric Shibley
Case 2:20-cr-00174-JCC     Document 172     Filed 06/13/22     Page 2 of 2

File and source

File

gov.uscourts.wawd.290910.172.0.pdf

Size

67,091 bytes

SHA-256

e97e97b70f9795e2adfb46f3a81093348e43b1f3407759964a00aaa5998411b9

Our copy

gov.uscourts.wawd.290910.172.0.pdf

Original

PACER (login required)