Probation Officer's Memorandum on Restitution Reduction — United States v. Gary Lomax (S.D. W. Va.)

Summary

Doc. 37 in No. 2:24-cr-00114, U.S. District Court for the Southern District of West Virginia, is a memorandum from United States Probation Officer Whitney R. Brame to Senior United States District Judge John T. Copenhaver, Jr., dated July 2, 2025 and filed July 3, 2025. Its subject is a request for decrease in monthly restitution payments for Gary Lomax. The memorandum states that Gary Lomax was sentenced on November 19, 2024 following conviction of violating 18 U.S.C. § 641, to 5 years' probation with a special condition to pay restitution of $29,592 at the rate of $150 per month, and that Mr. Lomax has paid $4,550. The probation officer recommends decreasing the payments to $50 per month.

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Case 2:24-cr-00114 Document 37 _ Filed 07/03/25 Page 1 of 2 PagelD #: 122

RECEIVED

UNITED STATES PROBATION OFFICE JUL 02 2025
SOUTHERN DISTRICT OF WEST VIRGINIA John T. Copenhaver, dr

Senior United States District Judge
MEMORANDUM

TO: ~The Honorable John T. Copenhaver, Jr.
Senior United States District Judge

FROM: Whitney R. Brame
United States Probation Officer

DATE: July 2, 2025

SUBJECT: GARY LOMAX, DOCKET NUMBER: 2:24CR00114
REQUEST FOR DECREASE IN MONTHLY RESTITUTION PAYMENTS

On November 19, 2024, Gary Lomax was sentenced following his conviction of violating
18 U.S.C. § 641, theft of public money, property, or records. He was sentenced to 5 years’
probation with the first 4 months to be served on home detention with the special condition
he pay restitution in the amount of $29,592, at the rate of $150 per month. Additionally,
Mr. Lomax was ordered to pay a lump sum payment of $4,000 of his Social Security
immediately upon receipt of back pay.

Mr. Lomax’s sole income is social security benefits. He has provided verification that he
receives a $2101 monthly installment and his ex-wife, whom he is the caretaker for,
receives $717. Mr. Lomax has provided verification to this officer that most of his bills
are past due and his current living expenses are exceeding his income. Additionally, Mr.
Lomax is the caretaker for his adult son who is in heart failure. Due to the health
complications of Mr. Lomax, and his son, the offender is required to travel for medical
procedures and appointments multiple times monthly. The expense of travel for Mr.
Lomax is an additional expense that also results in his expenses surpassing his monthly
income.

Mr. Lomax has paid $4,550 toward the restitution balance. The probation officer
respectfully recommends that Mr. Lomax’s restitution payments be decreased to $50 per
month. Should the defendant become more financially stable in the future, the probation
officer will request an additional modification to increase the amount of the payment.
Case 2:24-cr-00114 Document 37

Gary Lomax
Docket No. 2:24CR00114

APPROVED: _ x
DENIED:

OTHER:

Filed 07/03/25 Page 2 of 2 PagelD #: 123

Page Two

L_f2 bn TS Wahi
The Honorable John T. Copenhaver, Jr.

Senior United States District Judge

July 3, 2025
Date

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