Untimely Restitution Order Upheld

Dolan v. US, No. 09-367, concerned a prosecution for assault resulting in serious bodily injury, the Court affirmed the Tenth Circuit's affirmance of the district court's untimely restitution order, holding that a sentencing court that misses the 90-day deadline nonetheless retains the power to order restitution, at least where, as here, that court made clear prior to the deadline's expiration that it would order restitution, leaving open (for more than 90 days) only the amount.

As the Court wrote:  "This case concerns the remedy for missing a statutory deadline. The statute in question focuses upon mandatory restitution for victims of crimes. It provides that "the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing." 18 U. S. C. §3664(d)(5). We hold that a sentencing court that misses the 90-day deadline nonetheless retains the power to order restitution--at least where, as here, the sentencing court made clear prior to the deadline's expiration that it would order restitution, leaving open (for more than 90 days) only the amount."

Related Resources

Full Text of Dolan v. US, No. 09-367