The following excerpt is from United States v. Hoey, 16-2738-cr (2nd Cir. 2018):
"Ordinarily, we review a district court's order of restitution . . . for abuse of discretion. However, where, as here, a defendant fails to object to the restitution order at the time of sentencing, our review is for plain error." United States v. Zangari, 677 F.3d 86, 91 (2d Cir. 2012) (citations omitted). An error is plain when it is a clear and obvious error, which affected the appellant's substantial rights, and "seriously affect[s] the fairness, integrity or public reputation of judicial proceedings." Id. at 91, 95 (citation omitted).
Page 8
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.