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Restitution Requirements Under Section 3664(f)(2) Are Satisfied Without Express Findings

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Lessner, the 3C addressed and rejected a number of sentencing challenges and held, inter alia, that sentencing courts need not make explicit findings on the record in support of a restitution order, so long as the record evidences the court?s consideration of the statutory factors.Defendant, a procurement contracting officer for a federal agency, pled guilty to all 21 counts of an indictment charging her with wire fraud, defense procurement fraud, destruction of records in a federal investigation, and destruction and removal of property to prevent seizure. The district court denied defendant?s request for a downward departure based on diminished capacity, and calculated an advisory range of 51 to 63 months, based on an offense level of 24 and criminal history category of I...continue to full post

Full post as published by Third Circuit Blog on August 21, 2007 (boomark / email).