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Expert Analysis

Problems In High Court Ruling On Restitution Appeals

By Harry Sandick and Clint Morrison, Patterson Belknap Webb & Tyler LLP (April 21, 2017, 4:27 PM EDT) -- In a decision on April 19, 2017, Manrique v. United States,[1] the U.S. Supreme Court held by a 6-2 vote that when a court imposes a sentence but defers the determination of restitution until a later date, the defendant seeking to appeal his entire sentence (including the restitution amount) must file a notice of appeal not only from the initial judgment, but from the subsequent amended judgment that includes the amount of restitution.[2] This decision builds a procedural roadblock for a defendant who seeks to appeal an order of restitution with little obvious benefit to appellate practice or the criminal justice system....

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