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Notable Tenth Circuit ruling on restitution awards under the MVRA

By Douglas A. Berman

The Tenth Circuit has a significant ruling today concerning restitution awards in US v. Dolan, No. 08-2104 (10th Cir. May 27, 2009) (available here).  Here is the start of the opinion: Brian Dolan viciously attacked a hitchhiker, leaving his victim by the side of the road bleeding, unconscious, with a great many broken bones.  Eventually, officers found the hitchhiker and rushed him to a hospital.  He survived, but his medical expenses topped $100,000. When it came time to sentence Mr. Dolan for his assault, the district court ordered him not only to serve 21 months in prison but to pay $250 monthly in restitution.  Before us, Mr. Dolan doesn?t challenge his prison sentence but does say his victim should get nothing. He contends that the district court?s restitution order is void because it was entered too late, after a statutory deadline passed...continue to full post

Full post as published by Sentencing Law and Policy on May 27, 2009 (boomark / email).