UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

v. 

TERRY WAYNE GLENN, 

 Defendant - Appellant. 

No. 21-5010 

(D.C. No. 4:96-CR-00151-CVE-2) 

(N.D. Okla.) 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before HOLMES, PHILLIPS, and EID, Circuit Judges. 

_________________________________ 

Terry Wayne Glenn, a federal prisoner proceeding pro se, appeals the district 

court’s decision to transfer most of his inmate trust account to the government in 

partial payment of a fine. We have jurisdiction under 28 U.S.C. § 1291, and we 

affirm. 

* After examining the briefs and appellate record, this panel has determined 

unanimously that oral argument would not materially assist in the determination of 

this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore 

ordered submitted without oral argument. This order and judgment is not binding 

precedent, except under the doctrines of law of the case, res judicata, and collateral 

estoppel. It may be cited, however, for its persuasive value consistent with 

Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

December 13, 2021

Christopher M. Wolpert 

Clerk of Court

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I. BACKGROUND & PROCEDURAL HISTORY 

In March 1997, a grand jury indicted Glenn and others on various counts 

relating to drugs and guns, including a drug-distribution conspiracy in violation of 

21 U.S.C. § 846. The grand jury charged that the relevant conspiracy existed from 

sometime in 1992, the first overt acts took place in 1993, and the conspiracy 

continued through early 1997. 

In June 1997, Glenn pleaded guilty to the conspiracy count, among others. By 

judgment filed November 3, 1997, the district court sentenced him to life 

imprisonment and imposed a $25,000 fine, both as punishment on the conspiracy 

count. The court specified that the fine was to be “paid in full immediately,” but 

“[a]ny amount not paid immediately shall be paid while in custody through the 

Bureau of Prisons’ Inmate Financial Responsibility Program.” R. vol. I at 37. 

As of October 2020, Glenn had paid $3,717.57 toward his fine, mostly through 

fixed, regular deductions from his inmate trust account. That month, Glenn filed a 

motion with the sentencing court titled “Motion To Cease and Desist Order.” Id. at 

39. Glenn informed the court that prison officials had placed an encumbrance on his 

trust account, which at that time held about $9,100. Id. He argued that encumbering 

his account without notice violated his due process rights, and he requested an order 

that the government cease and desist “until such a time as Mr. Glenn has been 

properly served and informed of the purpose for such actions.” Id.

The following month, the government moved for an order authorizing the 

Bureau of Prisons to turn over the balance of Glenn’s trust account to the 

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government, to be applied toward his fine. According to the government, the account 

held about $9,400. 

The district court soon issued an order resolving both motions. The district 

court apparently had access to Glenn’s account information, and it found that his trust 

account held $9,269.81 as of the date of the order. The district court held that the 

government had properly encumbered the funds pending the motion it eventually 

filed, and that a federal statute entitled the government to seize the funds and apply 

them toward Glenn’s fine. See 18 U.S.C. § 3664(n) (“If a person obligated to provide 

restitution, or pay a fine, receives substantial resources from any source . . . during a 

period of incarceration, such person shall be required to apply the value of such 

resources to any restitution or fine still owed.”). The court therefore denied Glenn’s 

motion and granted the government’s motion, except it awarded the government only 

$8,769 (i.e., $500.81 less than the full account balance) “to avoid defendant’s 

complete indigence.” R. vol. I at 57. 

Glenn then filed a document titled “Civil Complaint under 28 U.S.C. § 1331.” 

R. vol. I at 71 (capitalization normalized). Despite the title, he filed the document 

with the sentencing court under his criminal case number. Glenn argued: (i) he had 

not received timely and proper notice before being deprived of his money, in 

violation of due process; and (ii) the government’s opportunity to collect his fine 

ended in 2017, twenty years from judgment. 

The district court construed Glenn’s filing as a “second motion to discharge 

fines and fees,” id. at 79, and addressed only the twenty-year argument, which Glenn 

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derived from the pre-1996 version of 18 U.S.C. § 3613. At the time, the statute 

stated, in relevant part, “[L]iability to pay a fine expires—(1) twenty years after the 

entry of the judgment; or (2) upon the death of the individual fined.” 18 U.S.C. 

§ 3613(b) (1994). The district court noted, however, that Congress amended the 

statute effective April 24, 1996, to state (as it does today), “The liability to pay a fine 

shall terminate the later of 20 years from the entry of judgment or 20 years after the 

release from imprisonment of the person fined, or upon the death of the individual 

fined.” See Mandatory Victims Restitution Act of 1996 (“MVRA”), Pub. L. No. 

104-132, § 207(c)(3), 110 Stat. 1214 (emphasis added); see also id. § 211 (“The 

amendments made by this subtitle shall, to the extent constitutionally permissible, be 

effective for sentencing proceedings in cases in which the defendant is convicted on 

or after the date of enactment of this Act.”). The district court found this amended 

version of the statute applicable because Glenn was convicted in 1997. It further 

found that, under the amendment, the twenty-year period had not yet begun to run 

because Glenn was still in prison. 

The district court accordingly denied the motion, and Glenn timely appealed. 

II. ANALYSIS 

Glenn argues the district court wrongly applied § 3613(b) as amended by the 

MVRA. Glenn says the district court should have judged the amendment’s 

applicability not by the date of his conviction (1997), but by the date of the first overt 

acts charged in the indictment (1993). In support, he cites United States v. Owens, 

70 F.3d 1118, 1130 (10th Cir. 1995), where the government argued one of the district 

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court’s sentencing decisions was harmless error based on a Sentencing Guidelines 

amendment. The amendment in question became effective in between the charged 

conduct and the defendant’s sentencing, so the government’s argument required us to 

examine whether the defendant’s ex post facto rights would have been violated had 

the district court sentenced him under the amended guideline. See id.; see also U.S. 

Const. art. I, § 9, cl. 3 (“No Bill of Attainder or ex post facto Law shall be passed.”). 

Although Glenn nowhere uses the phrase “ex post facto,” his citation to Owens

and the general character of his arguments convince us that he means to bring such a 

challenge.1

 “We review a challenge to a statute under the Ex Post Facto Clause de 

novo.” Femedeer v. Haun, 227 F.3d 1244, 1248 (10th Cir. 2000). 

Glenn provides no authority for the idea that his ex post facto rights 

crystallized with the first overt acts charged in the indictment. Even assuming as 

much for argument’s sake, Glenn also provides no support for the notion that an 

extension of the amount of time after judgment in which the government can collect a 

criminal fine creates an ex post facto issue. In the statute-of-limitations context, a 

law violates the ex post facto clause if it revives an expired limitations period for 

prosecuting the crime. See Stogner v. California, 539 U.S. 607, 610–21 (2003). The 

briefing before us does not adequately address whether the prescribed time after 

judgment to collect a criminal fine may be considered a statute of limitations in the 

same sense. 

1

 “[P]risoners who proceed pro se . . . are entitled to liberal construction of 

their filings.” Toevs v. Reid, 685 F.3d 903, 911 (10th Cir. 2012). 

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Even if the answer is yes, the statutory term had not expired when Congress 

extended it through the MVRA. Again, accepting Glenn’s proposition that the 

twenty-year clock began to run in 1993, about seventeen years remained when 

Congress enacted the MVRA in 1996. In United States v. Taliaferro, 979 F.2d 1399, 

1402 (10th Cir. 1992), we held that “the application of an extended statute of 

limitations to offenses occurring prior to the legislative extension, where the prior 

and shorter statute of limitations has not run as of the date of such extension, does 

not violate the ex post facto clause.” The Supreme Court’s Stogner decision 

expressly avoided opining on this scenario. See 539 U.S. at 618 (“Even where courts 

have upheld extensions of unexpired statutes of limitations (extensions that our 

holding today does not affect), they have consistently distinguished situations where 

limitations periods have expired.” (citation omitted)). Taliaferro therefore remains 

good law. 

In sum, even if 

 § 3613(b) creates a statute of limitations, the extension of which is 

potentially challengeable under the ex post facto clause; and 

 Glenn’s ex post facto rights arose with his first overt act in 1993, 

there was no ex post facto violation here because Congress extended the twenty-year 

limitation before it expired in Glenn’s case. So the district court properly rejected 

Glenn’s argument that it should have applied the pre-MVRA version of the statute. 

Glenn also asserts that the government’s decision to seize his money “after 

years of inactivity . . . violate[s] [his] rights to due process.” Opening Br. at 7. In 

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the district court, however, Glenn argued that the government violated his due 

process rights because it failed to give him timely notice of the encumbrance. He did 

not argue that due process eventually cuts off the government’s right to collect after 

“years of inactivity.” We therefore do not reach this argument. See Schrock v. 

Wyeth, Inc., 727 F.3d 1273, 1284 (10th Cir. 2013) (“Arguments that were not raised 

below are waived for purposes of appeal.” (internal quotation marks omitted)). 

III. CONCLUSION 

We affirm the district court orders at issue here. We also grant Glenn’s motion 

to proceed without prepayment of costs or fees. 

Entered for the Court 

Gregory A. Phillips 

Circuit Judge 

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