« Habeas attack on NY persistent felony offender statute | Main | A Texas juve case creating controversy »
March 28, 2007
Notable restitution ruling from the Tenth Circuit
Though I doubt the decision will get as much attention as the restitution blunder case from DC (discussed here), today the Tenth Circuit issued a notable (spilt panel) restitution ruling in US v. Gordon, No. 04-6384 (10th Cir. Mar. 28, 2007) (available here). Here's the majority's explanatory first paragraph:
Defendant-Appellant Margaret Ann Gordon appeals from the district court's order requiring her to pay restitution for credit card fraud in the amount of $68,698.52. Ms. Gordon argues the amount of restitution exceeds the statutory limits set forth in the Mandatory Victim Restitution Act (MVRA). See 18 U.S.C. § 3663A. The government filed two motions for enforcement of the plea agreement, arguing that Ms. Gordon waived her right to appeal the amount of restitution. Ms. Gordon responds that her challenge to the amount of restitution is not covered by her waiver of appellate rights and that, if it is, she did not enter the waiver knowingly and voluntarily. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we determine that Ms. Gordon may appeal the restitution order. We vacate that order and remand to the district for the entry of a restitution order in the amount of $7,950.98.
March 28, 2007 at 08:57 PM | Permalink
TrackBack
TrackBack URL for this entry:
https://www.typepad.com/services/trackback/6a00d83451574769e200d834f1af5f53ef
Listed below are links to weblogs that reference Notable restitution ruling from the Tenth Circuit:
Comments
Prof. Berman,
either this decision is momentous, or it's pretty run of the mill; I can't decide which one yet.
Posted by: Brian | Mar 29, 2007 11:04:04 AM