What is the test for a motion of appeal against a federal judge's order of restitution?

MultiRegion, United States of America

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

Other Questions


In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Does a federal judge have jurisdiction to review a restitution order issued by a federal district court? (MultiRegion, United States of America)
In what circumstances will a federal district court order dismissing a complaint and action with prejudice be appealed before a federal appeals court? (MultiRegion, United States of America)
What is the test for a federal judge to rule on a motion brought by a federal appointed judge? (Canada (Federal), Canada)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
Does a notice of appeal by a party seeking to appeal an order closing the case constitute an appeal from all prior orders? (MultiRegion, United States of America)
Can a federal court order the payment of costs and stay a motion by a federal judge? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.