Defendant's Motion to Stay Enforcement of Restitution Pending Appeal — United States v. Reardon (Dkt. 340)

Summary

A defendant's motion to stay enforcement of restitution pending appeal, filed by Nathan Reardon without counsel in United States v. Nathan Reardon, No. 1:21-cr-00061, in the U.S. District Court for the District of Maine (Dkt. 340). The motion invokes 18 U.S.C. § 3664, Federal Rule of Criminal Procedure 38(e) and the Court's inherent authority. It states that the term of probation is scheduled to terminate on or about May 8, 2026, after which enforcement of restitution would move to civil collection mechanisms including garnishment, liens and seizure, while appellate and post-conviction proceedings are pending before the First Circuit. It asks for a complete stay and says it does not seek modification of the payment schedule. It is dated May 3, 2026.

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1972

UNITED STATES DISTRICT COURT #2." sx
DISTRICT OF MAINE '

UNITED STATES OF AMERICA lids HAY -h P 3 Yb
V.
NATHAN REARDON a

DEFENDANT’S MOTION TO STAY ENFORCEMENT
OF RESTITUTION
PENDING APPEAL

INTRODUCTION

Defendant Nathan Reardon respectfully moves this Court,
pursuant to 18 U.S.C. § 3664, Federal Rule of Criminal
Procedure 38(e), and the Court’s inherent authority, for an
order staying enforcement of restitution obligations in full
pending resolution of his ongoing appellate and post-
conviction proceedings.

This motion does not seek modification of the payment
schedule. Instead, Defendant seeks a complete stay of
enforcement to preserve the status quo and prevent
irreparable harm while appellate review remains active.

BACKGROUND

Mr. Reardon’s term of probation is scheduled to terminate
on or about May 8, 2026. Upon termination, enforcement
of restitution will immediately transition from supervised
payment conditions to unrestricted federal civil collection
mechanisms, including garnishment, liens, and seizure.

At the same time, Mr. Reardon has active appellate and
post-conviction proceedings pending before the United
States Court of Appeals for the First Circuit, which directly
implicate the validity and scope of the underlying
judgment.

This creates a critical timing conflict: enforcement
escalation occurs before appellate review is resolved.

ARGUMENT
Procedure 38(e), this Court retains autfétity to stay
enforcement of restitution pending appeal on appropriate
terms.

Absent a stay, Defendant will be subjected to immediate
and aggressive federal collection actions upon termination
of probation on May 8, 2026, including wage garnishment,
bank levies, property liens, and asset seizure.

Funds collected during the pendency of appellate
proceedings are functionally unrecoverable, even if
Defendant ultimately prevails. This constitutes permanent
financial deprivation without meaningful remedy.

Additionally, forced collection will impair Defendant’s
ability to fund and pursue active appeals and undermine the
integrity of ongoing judicial review.

Partial measures are insufficient. Once probation ends,
enforcement shifts to federal collection authority that
operates independently of the Court’s supervisory structure.
Only a full stay preserves Defendant’s appellate rights and
prevents irreparable harm.

REQUEST FOR RELIEF
WHEREFORE, Defendant respectfully requests that this
Court:

1. Stay enforcement of all restitution obligations in full
pending resolution of all appellate and post-conviction
proceedings; and

2. Grant such further relief as the Court deems just and
proper.

DATED: May 3, 2026

Nathan Reardon

Pro Se

PO Box 52

Detroit, ME 04929
nathan@membershipauto.com
207-745-7575


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