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April 19, 2017
SCOTUS rules against federal defendant on appeal procedures in Manrique
The Supreme Court this morning handed down an opinion on federal appellate procedure this morning in Manrique v. US, No. 15-7250 (S. Ct. April 19, 2017) (available here). Here is how the opinion for the Court by Justice Thomas gets started:
Sentencing courts are required to impose restitution as part of the sentence for specified crimes. But the amount to be imposed is not always known at the time of sentencing. When that is the case, the court may enter an initial judgment imposing certain aspects of a defendant’s sentence, such as a term of imprisonment, while deferring a determination of the amount of restitution until entry of a later, amended judgment.
We must decide whether a single notice of appeal, filed between the initial judgment and the amended judgment, is sufficient to invoke appellate review of the later determined restitution amount. We hold that it is not, at least where, as here, the Government objects to the defendant’s failure to file a notice of appeal following the amended judgment.
Justice Ginsburg, joined by Justice Sotomayor, dissents in a brief opinion that is focused on the case facts and asserts that "even assuming, arguendo, that separate appeal notices are ordinarily required, I would hold that Manrique is not barred from appealing the restitution order in the circumstances of this case."
April 19, 2017 at 10:43 AM | Permalink