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Statutory Interpretation – Restitution
By: Derek Hawkins//November 6, 2018//
Listen to this article7th Circuit Court of Appeals
Case Name: United States of America v. David L. Price
Case No.: 17-3077
Officials: FLAUM, MANION, and SYKES, Circuit Judges.
Focus: Statutory Interpretation – Restitution
David Price was convicted of 13 criminal charges related to a heroin distribution conspiracy he operated in Chicago. The district court sentenced Price to 37 years’ imprisonment and ordered him to pay over $11,000 in restitution. The primary issue on appeal is whether the statutory provision that prohibits ordering restitution to a participant in the defendant’s offense also prohibits ordering restitution to the participant’s family members. We hold that the statute does not prohibit such a restitution order in cases in which the family members are victims in their own right, whose losses are not merely derivative of the participant’s losses. We therefore affirm the district court’s order.
Affirmed
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.
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