Is a federal district court wrongfully imposing a restitution amount not determined by the jury in violation of the Sixth Amendment?
MultiRegion, United States of America
The following excerpt is from United States v. Cote, 14-2032-cr (2nd Cir. 2015):
Finally, Cote submits that the district court committed plain error by imposing a restitution amount not determined by the jury, in violation of the Sixth Amendment. However, we recently concluded in United States v. Bengis, 783 F.3d 407 (2d Cir. 2015), "that judicial factfinding to determine the appropriate amount of restitution under a statute that does not prescribe a maximum does not implicate a defendant's Sixth Amendment rights," id. at 413.
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