By: Derek Hawkins//May 3, 2017//
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