### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 11707 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
TRENT BREWER , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:96

- CR

- 294

- 2

Before JONES, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM: * Trent Brewer, federal prisoner # 24313

- 077 and proceeding pro se , challenges the district court’s ordering the Bureau of Prisons to turn over all but $200 in his inmate

- trust account , in partial satisfaction of $5,000 in restitution owed the victims of his crimes

. T he grant of a turnover order is reviewed for abuse of discretion. United States v. Me sservey , 182 F. App’x 318,

* Pursuant to 5 th Cir. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 th Cir. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 18, 2017

Lyle W. Cayce Clerk Case: 16-11707 Document: 00514200025 Page: 1 Date Filed: 10/18/2017No. 16

- 11707

2 321 (5th Cir. 2006) (citing San tibanez v. Wier McMahon & Co. , 105 F.3d 234, 239 (5th Cir. 1997) )

. T he re was no abuse of discretion , as discussed below

. T he turn over order arises out of Brewer’s 1997 conviction for mail fraud, in violation of 18 U.S.C. § 1341, and fraudulent use of a social

- s ecurity number, in violation of 42 U.S.C. § 408(a)(7)(B)

. He contends the order was improper because , inter alia , he did no t owe interest on his original restitution obligation, he never defaulted on his Inmate Financial Responsibility Program (IFRP) payment plan , the G overnment violated th e notification requirements in 1 8 U.S.C. § 3664(k) , and he paid $1,800 while on supervis ed release in 2003

– 04. He also contends, inter alia , that, in the light of the necessity of discovery in proving his $1,800 in payments and the practical impossibility of conducting such discovery while incarcerated, the court erred in not appoint ing him counsel

. In asserting he does not owe interest on the original $5,000 restitution obligation , Brewer claims his 1997 judgment did not require payment of interest

. He also contends there is a conflict between the oral and written amended

- revocation judgments regarding the payment of interest , because the court did not orally require interest

. I nterest is required by statute, unless waived by the district court at sentencing. 18 U.S.C. § 3612(f)(1 ) (“ defendant shall pay interest on any fine or
rest itution”)

. E ven assuming the court did not orally r equire Brewer to pay interest, there is no conflict in the oral and written judgments because 18 U.S.C. § 3612(f)(1) requires the payment of interest , unless waived

. In addition, Brewer’s amended

- revocat ion judgment, imposed in 2005, did require payment of interest

. Next, Brewer asserts that , because he has not default ed on his IFRP payment plan , the court cou ld not enter a turnover order. P articipation in the Case: 16-11707 Document: 00514200025 Page: 2 Date Filed: 10/18/2017No. 16

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3 IFRP and compliance with a payment sche dule does not “ preclude [] the Government from using other available collection mechanisms to seek payment of monetary penalties”

. United States v. Diehl, 848 F.3d 629, 633 (5th Cir. 2017). B rewer received a $4,000 inheritance in his inmate

- trust account , and he was required to apply those funds to his remaining restitution balance pursuant to 18 U.S.C. § 3664(n) , regardless of whet her he unfailingly paid his $20

- per - month IFRP payment plan

. Brewer asserts the Government failed to comply with the notific ation requirements in 18 U.S.C. § 3664(k), which requires notification of changes in circumstances affecting defendant’s ability to pay restitution. The notification requirement in 18 U.S.C. § 3664(k) is inapplicable because the Government’ s motion was ba sed on 18 U.S.C. § 3664(n ) : “If a person obligated to provide restitution . . . receives substantial resources . . . including inheritance . . . such person shall be required to apply the value of such resources to any restitution . . . owed”. There is n o notification requirement for 18 U.S.C. § 3664 (n)

. For the claim that he was not credited the $1,800 in payments he made while on supervised release in 2003

– 04 , Brewer has the burden of proving such payments

. United States v. Sheinbaum , 136 F.3d 443, 44 9 (5th Cir. 1998) ; 18 U.S.C. § 3664(e)

. Brewer provides no proof he made such payments while on supervised release. Along that line, the court revoked his supervised released because , inter alia , he failed to make such payments

. Brewer also contends the court abused its discretion by failing to consider his financial obligations, specifically those to dependents. Nevertheless , the magistrate judge’s report, which the district court accepted, shows the consideration given Brewer’s desire to support his c hildren. Brewer also offered to pay the remaining principal balance if the court would agree to waive any interest. W hi le the court has the authority to alter or amend a Case: 16-11707 Document: 00514200025 Page: 3 Date Filed: 10/18/2017No. 16

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4 restitution obligation, Brewer has not pointed to any authority permitting a court t o reach such a settlement agreement with a prisoner regarding his financial obligations

. Finally, Brewer maintains the court should have appointed counsel under the Criminal Justice Act

. It states , in relevant part : a ny “person for whom counsel is app ointed shall be represented at every stage of the proceedings

. . . including ancillary matters appropriate to the proceedings”

. 18 U.S.C. § 3006A(c). But, our court has stated that “ancillary matters refers to those involved in defending the principal c riminal charge and not to post

conviction proceedings”

. United States v. Garcia, 689 F.3d 362 , 364 (5th Cir. 2012) ( quoting United States v. Whitebird , 55 F.3d 1007, 1010 (5th Cr. 1995) ). AFFIRMED. Case: 16-11707 Document: 00514200025 Page: 4 Date Filed: 10/18/2017