U.S. v. Leahy, No. 03-4490 (3rd Cir.) (438 F.3d 328) (February 15, 2006) (Judge Julio M. Fuentes)
Loaded on Jan. 1, 2006
published in Punch and Jurists
January 30, 2006
Filed under:
Restitution,
Punch And Jurists.
Here, a divided en banc court held that Blakely and Booker are inapplicable to both restitution and to forfeiture issues, stating in part: "Because, in our view, restitution under the VWPA and the MVRA is not the type of criminal punishment that evokes Sixth Amendment protection under Booker, we …
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Scheidler v. National Organization For Women, No. 04-1244 (U.S. Supreme Court) (547 U.S. 9; 126 S.Ct. 1264) (February 28, 2006) (Justice Breyer)
- U.S. v. Boscarino, No. 05-2657 (7th Cir.) (437 F.3d 634) (February 8, 2006) (Judge Frank H. Easterbrook)
- U.S. v. Moreland, No. 05-4476 (4th Cir.) (437 F.3d 424) (February 22, 2006) (Judge William W. Jr. Wilkins)
- U.S. v. Eura, No. 05-4437 (4th Cir.) (440 F.3d 625) (January 24, 2006) (Judge Clyde H. Hamilton)
- Xue v. Board of Immigration Appeals, No. 04-0374-ag (2nd Cir.) (439 F.3d 111) (February 21, 2006) (Judge Guido Calabresi)
- U.S. v. Bear, No. 04-50161 (9th Cir.) (439 F.3d 565) (February 24, 2006) (Judge David R. Thompson)
- U.S. v. Duhon, No. 05-30387 (5th Cir.) (440 F.3d 711) (February 17, 2006) (Judge Fortunato P. Benavides)
- U.S. v. Leahy, No. 03-4490 (3rd Cir.) (438 F.3d 328) (February 15, 2006) (Judge Julio M. Fuentes)
- U.S. v. Cooper, No. 05-1447 (3rd Cir.) (437 F.3d 324) (February 14, 2006) (Judge Anthony J. Scirica)
- U.S. v. Napier, No. 04-10249 (9th Cir.) (436 F.3d 1133) (February 7, 2006) (Judge Stephen S. Trott)
- U.S. v. Saccoccia, No. 04-2669 (1st Cir.) (433 F.3d 19) (December 23, 2005) (Judge Sandra L. Lynch)
- U.S. v. Nichols, No. 04-5020 (4th Cir.) (438 F.3d 437) (February 28, 2006) (Judge William W. Jr. Wilkins)
More from these topics:
- $1.8 Million Settlement Reached Following CDCR Data Breach, Nov. 1, 2025. DOC/BOP misconduct, Medical Records, Settlements, Class Certification, Disclosure of Records, Class Notice, Public Records, Restitution, Trust Accounts.
- Jailhouse Lawyer Gets 16-1/2-Year Sentence for Defrauding Prisoner “Clients”, Nov. 1, 2025. Prisoner Legal Assistance, Restitution, Forfeiture, Revocation/Modification of Probation, etc., Fraud and Deceit, Conditions of.
- BOP Eases Money Grab from Federal Prisoners, Feb. 15, 2025. Seizure of Prisoner Funds, Restitution, Commissary, Bureau of Prisons (BOP), Changes by the BOP.
- Michigan Supreme Court Greenlights Adding Restitution At Resentencing of Former Juveniles Sentenced to LWOP, Jan. 15, 2025. Life without Parole (LWOP), Restitution, Juvenile Offenses/Offenders.
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, Feb. 1, 2024. Seizure of Prisoner Funds, Restitution, Trust Accounts.
- Missouri Senior Citizen Jailed Three Days After Letting Dog Off Leash, April 27, 2023. Restitution, Ability to Pay.
- Fifth Circuit Upholds Nearly $13.5 Million Restitution Order Against Federal Prisoner, Oct. 31, 2022. Restitution, Mandatory Victims Restitution Act (MVRA).
- Hawaii Supreme Court Orders New Parole Hearing for Prisoner Held Since 1979, May 1, 2022. Restitution, Conditions of, Ability to Pay.
- Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split, Jan. 15, 2022. Restitution.