United States Ninth Circuit

The district court's order partially denying defendant's "Motion to Clarify Conditions of Supervised Release and the Amount and Current Status of Restitution" in a case in which defendant argued that he is not liable for the remaining restitution balance after the credit of forfeited assets, is reversed, where: 1) the district court had jurisdiction to enforce its restitution judgment; but 2) although restitution and forfeiture are distinct parts of a sentence, in this case, the district court sentenced the defendant to pay an amount on the understanding that the amount ordered paid had already been satisfied by the forfeited assets; and 3) because the restitution amount was fulfilled through the forfeited assets, defendant does not have any remaining restitution obligation.

Appellate Information

• Decided 02/07/2014
• Published 02/07/2014

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel