What is the test for making a restitution order de novo?

MultiRegion, United States of America

The following excerpt is from U.S. v. Yamada, 124 F.3d 215 (9th Cir. 1997):

We review a district court's restitution order for abuse of discretion. See United States v. English, 92 F.3d 909, 916 (9th Cir.1996). We review the legality of a restitution order de novo, while the district court's underlying factual findings are reviewed for clear error. See United States v. Rice, 38 F.3d 1536, 1540 (9th Cir.1994).

The district court may order a defendant to make restitution to any victim of his offense. See 18 U.S.C. 3663(a)(1)(A) (1997). A victim is defined as "a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered." 18 U.S.C. 3663(a)(2). Restitution is authorized "only for the loss caused by the specific conduct that is the basis of the offense of conviction." Hughey v. United States, 495 U.S. 411, 413 (1990). The district court has broad discretion to determine the type and amount of evidence required to support an award of restitution. See United States v. Zink, 107 F.3d 716, 718 (9th Cir.1997).

Other Questions


Is a debtor's suggestion that restitution was ordered for the wrong reasons an improper collateral attack on the final state court restitution order and judgment? (federal, United States of America)
When a defendant challenges a restitution order, what is the test for determining whether the restitution order is enforceable or enforceable? (MultiRegion, United States of America)
Can a person who makes a political contribution to their own campaign be denied a right to make their own speech if they are not allowed to make it free? (MultiRegion, United States of America)
What is the test for making a restitution order under Section 3651 of the Criminal Code? (MultiRegion, United States of America)
What is the test for making an order of restitution? (MultiRegion, United States of America)
What is the test for making an order of restitution under the Victim and Witness Protection Act? (MultiRegion, United States of America)
What is the test for determining whether a federal court has abused its discretion in making a restitution order? (MultiRegion, United States of America)
What is the test for making a defendant pay restitution under the Mandatory Victim Restitution Act? (MultiRegion, United States of America)
What is the test for making a defendant pay restitution under the Mandatory Victim Restitution Act? (MultiRegion, United States of America)
What is the test for making a restitution order for abuse of power? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.