213114P.pdf   09/09/2022  United States  v.  Robert Evans
   U.S. Court of Appeals Case No:  21-3114
   U.S. District Court for the District of North Dakota - Eastern   
   [PUBLISHED] [Loken, Author, with Kelly and Kobes, Circuit Judges] 
   Criminal case - Criminal law. Defendant owes restitution to the victim of 
   his pornography offense, and the government filed a turnover motion after 
   defendant received his CARES Act stimulus payment; the district court 
   erred in ordering the turnover of $2,084 without first determining the 
   source of the funds in defendant's inmate trust account and determining 
   whether they were substantial resources - see U.S. v. Kidd, 23 F.4th 781, 
   783 (8th Cir. 2022); given a prima facie showing that the victim had been 
   fully compensated for the loss proximately caused by defendant's offense, 
   the district court erred in denying him a hearing on the issue of whether 
   the restitution obligation was fully satisfied; on remand the district 
   court must determine whether the victim has been fully compensated for the 
   trafficking losses proximately caused by defendant's offense; if she has, 
   his liability must be terminated.