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Late Restitution Order Still Valid; $250/month Not Unreasonable

By Shari Allison

US v. Dolan, No. 08-2104, 5/27/09 (published)- Restitution order entered more than 90 days after sentencing, which ordered defendant to pay $250/month against total restitution of over $100,000, affirmed. Defendant severely beat a hitchhiker on the Mescalero Reservation in New Mexico and was convicted of assault resulting in serious bodily injury. This triggered the Mandatory Victim Restitution Act. The total amount of restitution had not been determined at the time of sentencing, so this triggered the requirement of the Mandatory Victim Restitution Act that the amount be determined within 90 days of sentencing. The amount was determined within that time, but for some reason the district court did not conduct a hearing on the matter until four months later...continue to full post

Full post as published by Tenth Circuit Blog on May 29, 2009 (boomark / email).