Deferred Restitution

Listen to this article

US Supreme Court

Case Name: Manrique v. United States

Case No.: 15-7250

Focus: Deferred Restitution

A defendant wishing to appeal an order imposing restitution in a deferred restitution case must file a notice of appeal from that order. If he fails to do so and the Government objects, he may not challenge the restitution order on appeal.

“Both 18 U. S. C. §3742(a), which governs criminal appeals, and Federal Rule of Appellate Procedure 3(a)(1) contemplate that a defendant will file a notice of appeal after the district court has decided the issue sought to be appealed. Here, petitioner filed only one notice of appeal, which preceded by many months the sentence and judgment imposing restitution. He therefore failed to properly appeal the amended judgment. Whether or not the requirement that a defendant file a timely notice of appeal from an amended judgment imposing restitution is a jurisdictional prerequisite, it is at least a mandatory claim-processing rule, which is “unalterable” if raised properly by the party asserting a violation of the rule. Eberhart v. United States, 546 U. S. 12, 15. Because the Government timely raised the issue, “the court’s duty to dismiss the appeal was mandatory.””

Affirmed

Concur:

Dissent: Ginsburg, Sotomayor

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.