The following excerpt is from U.S. v. Jenkins, 884 F.2d 433 (9th Cir. 1989):
2 In Green, the court stated that "[w]hen a court exceeds its sentencing authority, the sentence is void only as to the excessive portion of it. The remedy for imposition of a condition requiring excessive restitution is a reduction of restitution to the amount authorized." Green, 735 F.2d at 1206 (citation omitted). However, the issue before the court was whether it could rely on the defendant's failure to pay the part of the restitution order that could have been lawfully imposed as a basis to revoke probation. Resentencing was not an issue. The opinion cannot be fairly read as limiting the court's resentencing authority and to do so would conflict with Kennedy v. United States, 330 F.2d 26 (9th Cir.1964).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.