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:  
0 0 votes
Article Rating

Mark Allenbaugh is co-founder of Sentencing Stats. 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).

Inline Feedbacks
View all comments

Announcing the
Amendment 821 Calculator

We’ve launched a free Amendment 821 Sentence Reduction Calculator. The calculator helps defendants and legal professionals quickly calculate an amended sentence range for qualified defendants in seconds. 

amendment 821 resentencing reduction calculator