United States Eighth Circuit

District court order imposing restitution is affirmed where the requirement in 18 U.S.C. sec. 3664(d)(5) that the district court enter a restitution order within 90 days of sentencing does not divest the court of the authority to enter an order if the timing provision is breached, as such an interpretation finds no support in the text of the statute, would contravene the purposes of the Mandatory Victim Restitution Act and would reward defendants at the expense of their victims.

Appellate Information

• Decided 07/01/2009
• Published 07/01/2009

Judges

• BYE, Circuit Judge., Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Scott Braden, AFPD, argued, Little Rock, AR, Angela Lorene Pitts, AFPD, Fayetteville, AR, on the brief, for appellant.


• For Appellees:
  
• Linda B. Lipe, AUSA, argued, Little Rock, AR, for appellee.