Does a judge have authority to review and reduce the restitution ordered in a judgment of conviction pursuant to Section 2255 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from United States v. Rutigliano, 887 F.3d 98 (2nd Cir. 2018):
In sum, because defendants fail to show that the restitution ordered in their judgments of conviction equates to custodial punishment, the district court was without authority to review and reduce restitution pursuant to 2255. See Kaminski v. United States , 339 F.3d at 87, 91.5
"The most advanced legal research software ever built."
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.
Other Questions
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
What authority does a judge have to order restitution under the Criminal Code of Civil Procedure? (MultiRegion, United States of America)
On remand, if convicted of a charge under section 922(g)(1) of the Criminal Code, can the government seek to convict and sentence defendant Keen for only one violation of the federal code of conduct? (MultiRegion, United States of America)
What is the effect of a state's expungement of conviction for a criminal conviction under Section 1251(a) of the Criminal Code when it refers to "Prison or Corrections Institute" as "COUNTY JAIL"? (MultiRegion, United States of America)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
Does section 1252(a)(2)(C) of Title 8 of the Immigration and Customs Code allow the INS to review a removal order based on the conviction of an alien convicted of a similar crime? (MultiRegion, United States of America)
