The district court issued an order of restitution in the amount of over $4.7
million pursuant to the government's ex parte motion filed after petitioner's attorney
had withdrawn from the case and in the absence of actual notice to or consent by
petitioner. In the motion, the government claimed that the for mer attorney had agreed
to the restitution judgment and thus that no restitution hearin g was required.
Does the imposition of financial penalties as part of a felony sentencing violate
a defendant's Fifth Amendment ri ght to due process and Sixth Am endment right to
counsel where the defendant lacks notice of, and the assistance of counsel regarding,
the government's ex parte request for such penalties?

Whether the imposition of financial penalties as part of a felony sentencing violates a defendant's Fifth Amendment right to due process and Sixth Amendment right to counsel where the defendant lacks notice of, and the assistance of counsel regarding, the government's ex parte request for such penalties