United States v. Milo Blaine Whitetail

Filing

PER CURIAM OPINION FILED - THE COURT: JAMES B. LOKEN, DIANA E. MURPHY and STEVEN M. COLLOTON (UNPUBLISHED) [3749717] [10-2617]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 10-2617
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United States of America,
Appellee,
v.
Milo Blaine Whitetail,
Appellant.

*
*
*
* Appeal from the United States
* District Court for the
* District of North Dakota.
*
* [UNPUBLISHED]
*
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Submitted: January 14, 2011
Filed: January 28, 2011
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Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.
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PER CURIAM.
Federal inmate Milo Whitetail appeals the district court’s1 order denying his
motion to vacate a garnishment order. Upon careful review, we conclude that the
district court did not clearly err or abuse its discretion by finding that Whitetail was
properly served with the application for writ of garnishment, the writ of garnishment,
and a notice of garnishment and instructions to debtor; or by determining that tribal
disbursements are not exempt property. See 18 U.S.C. § 3613(a),(f); 28 U.S.C.

1

The Honorable Ralph R. Erickson, Chief Judge, United States District Court
for the District of North Dakota.

Appellate Case: 10-2617

Page: 1

Date Filed: 01/28/2011 Entry ID: 3749717

§ 3202(b),(c); 28 U.S.C. § 3205(c)(3); Jones v. Swanson, 512 F.3d 1045, 1048 (8th
Cir. 2008) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B.
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Appellate Case: 10-2617

Page: 2

Date Filed: 01/28/2011 Entry ID: 3749717