Fifth Circuit Remands in Restitution Matter

On October 19, 2017, in a per curiam decision, the Fifth Circuit reversed a restitution award where the purported victim had received the services contracted for.  In so holding, the Fifth Circuit noted that restitution was not punitive in nature.  This is in conflict with some circuits that hold restitution is punitive in nature. The opinion can be accessed at the link below:  

Mark Allenbaugh serves as President and Chief Research Officer of, Inc.. He is a former staff attorney for the U.S. Sentencing Commission, and a co-editor of "Sentencing, Sanctions, and Corrections: Federal and State Law, Policy, and Practice" (2nd ed., Foundation Press, 2002). Mark is widely regarded as a national expert in Federal sentencing guidelines, analysis and strategy.

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