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U.S. v. Porter, No. 95-1219 (2nd Cir.) (90 F.3d 64) (July 23, 1996) (Judge Fred I. Parker)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Porter, No. 95-1219 (2nd Cir.) (90 F.3d 64) (July 23, 1996) (Judge Fred I. Parker) by United States v. Lampien, 89 F.3d 1316 (7th Cir. 1996) (Judge Rovner) United States v. Porter, 90 F.3d 64 (2nd Cir. 1996) (Judge Parker) Here are two restitution cases that show the …

U.S. v. Giwah, No. 95-1229 (2nd Cir.) (84 F.3d 109) (May 22, 1996) (Judge Fred I. Parker)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Giwah, No. 95-1229 (2nd Cir.) (84 F.3d 109) (May 22, 1996) (Judge Fred I. Parker) by Court reversed a restitution order, holding that payments in excess of 15% of gross income exceeded what Congress had mandated in 15 USC § 1673. This is another in the string of …

U.S. v. Giwah, No. 95-1229 (2nd Cir.) (84 F.3d 109) (May 22, 1996) (Judge Fred I. Parker)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Giwah, No. 95-1229 (2nd Cir.) (84 F.3d 109) (May 22, 1996) (Judge Fred I. Parker) by This is another in the string of recent cases from the Second Circuit that deals with issue of restitution, and it contains some of the most detailed guidelines to date about the …

U.S. v. Peppe, No. 95-2121 (1st Cir.) (80 F.3d 19) (March 29, 1996) (Judge Norman H. Stahl)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Peppe, No. 95-2121 (1st Cir.) (80 F.3d 19) (March 29, 1996) (Judge Norman H. Stahl) by The defendant challenged the imposition of a $10,000 fine on the grounds of his current inability to pay the fine and the likelihood that he would not be able to pay it …

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins) by Court vacated restitution order due to failure to make required findings.

U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin) by In reviewing one of the many sentencing issues involved in this case, the Third Circuit reversed a restitution order on the grounds that the lower court had failed to make the findings …

U.S. v. Copple, No. 95-3119 (3rd Cir.) (74 F.3d 479) (February 1, 1996) (Judge Dolores K. Sloviter)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Copple, No. 95-3119 (3rd Cir.) (74 F.3d 479) (February 1, 1996) (Judge Dolores K. Sloviter) by This is an important restitution case that debunks a common practice of the courts and the prosecutors of imposing restitution in amounts far in excess of the defendant's ability to pay. Here, …

U.S. v. Granado, No. 94-3195 (7th Cir.) (72 F.3d 1287) (December 22, 1995) (Judge Ilana Diamond Rovner)

Article • February 1, 1996 • from P&J February, 1996

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Granado, No. 94-3195 (7th Cir.) (72 F.3d 1287) (December 22, 1995) (Judge Ilana Diamond Rovner) by The defendant objected to the imposition of a $100,000 fine, arguing that he had no assets to pay the fine, that he had 33 (sic!) children, that he had been receiving disability …

U.S. v. Page, No. 93-8706 (11th Cir.) (69 F.3d 482) (November 16, 1995) (Judge Leonard I. Garth)

Article • December 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Page, No. 93-8706 (11th Cir.) (69 F.3d 482) (November 16, 1995) (Judge Leonard I. Garth) by Here's an interesting restitution case in which restitution orders are vacated even though the defendant acknowledged in her plea agreement that "the Court may order restitution as part of the sentence imposed." …

U.S. v. Chorney, No. 94-1343 (1st Cir.) (63 F.3d 78) (August 24, 1995) (Judge Michael Boudin)

Article • October 1, 1995

Filed under: Punch And Jurists, Fines

U.S. v. Chorney, No. 94-1343 (1st Cir.) (63 F.3d 78) (August 24, 1995) (Judge Michael Boudin) by This case is cited because it refers to a rarely used provision of the Criminal Justice Act (18 U.S.C. § 3006A) which authorizes the court to require repayment for legal services afforded to …

U.S. v. Remillong, No. 94-2647 (11th Cir.) (55 F.3d 572) (June 19, 1995) (Per Curiam)

Article • July 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Remillong, No. 94-2647 (11th Cir.) (55 F.3d 572) (June 19, 1995) (Per Curiam) by Court ruled that district court abused his discretion by failing to comply with mandate and prior instructions requiring assessment of defendant's ability to pay restitution; and it remanded the case to a different judge. …

U.S. v. Hunter, No. 94-5461 (3rd Cir.) (52 F.3d 489) (April 13, 1995) (Judge Robert E. Cowen)

Article • June 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Hunter, No. 94-5461 (3rd Cir.) (52 F.3d 489) (April 13, 1995) (Judge Robert E. Cowen) by United States v. Mortimer, 52 F.3d 429 (2nd Cir. 1995) United States v. Hunter, 52 F.3d 489 (3rd Cir. 1995) Both of these cases both deal with restitution and the court's obligation …

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner)

Article • June 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner) by A multi-issue case which is cited due to its holding on restitution. In a continuation of recent favorable decisions, the Second Circuit remands some huge restitution orders because there was no indication …

U.S. v. Mortimer, No. 94-1163 (2nd Cir.) (52 F.3d 429) (April 12, 1995) (Judge Dennis G. Jacobs)

Article • June 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Mortimer, No. 94-1163 (2nd Cir.) (52 F.3d 429) (April 12, 1995) (Judge Dennis G. Jacobs) by United States v. Mortimer, 52 F.3d 429 (2nd Cir. 1995) United States v. Hunter, 52 F.3d 489 (3rd Cir. 1995) Two more restitution cases, both dealing with restitution and the court's obligation …

U.S. v. Hunter, No. 94-5461 (3rd Cir.) (52 F.3d 489) (April 13, 1995) (Judge Robert E. Cowen)

Article • June 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Hunter, No. 94-5461 (3rd Cir.) (52 F.3d 489) (April 13, 1995) (Judge Robert E. Cowen) by Court reversed a restitution order due to district court's failure to make specific findings whether the defendant could realistically make the payments ordered. United States v. Mortimer, 52 F.3d 429 (2nd Cir. …

U.S. v. Mortimer, No. 94-1163 (2nd Cir.) (52 F.3d 429) (April 12, 1995) (Judge Dennis G. Jacobs)

Article • June 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Mortimer, No. 94-1163 (2nd Cir.) (52 F.3d 429) (April 12, 1995) (Judge Dennis G. Jacobs) by Case held that the findings stated in the presentence report do not "in and of itself" satisfy the statute's requirement that the court consider the defendant's financial condition. United States v. Mortimer, …