restitution-order
20 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6893 | Eduard Gasparyan v. United States | Ninth Circuit | 2026-02-24 | Pending | Response WaivedIFP | constructive-possession federal-rule-of-criminal-procedure-41(g) jurisdiction property-seizure restitution-order state-federal-cooperation | Whether the federal government "constructively possesses" property seized by state law enforcement—thereby conferring jurisdiction under Federal Rule … |
| 25A824 | Fred Davis Clark, Jr. v. United States | Eleventh Circuit | 2026-01-20 | Application | circuit-split collateral-review habeas-corpus noncustodial-punishment restitution-order section-2255 | Question not identified. | |
| 24-7486 | Bruce Stroud v. United States | Fifth Circuit | 2025-06-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-sentencing fact-finding fifth-amendment jury-trial restitution-order sixth-amendment | Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury… |
| 24-957 | William Stenger v. United States | Second Circuit | 2025-03-06 | Denied | Amici (1) | article-three circuit-conflict coram-nobis jurisdictional-inquiry restitution-order statutory-jurisdiction | Article III requires federal courts to confirm their jurisdiction over a case before adjudicating its merits, whether that jurisdiction is "constituti… |
| 24-5366 | Marquise Thomas v. United States | Eleventh Circuit | 2024-08-22 | Denied | IFP | child-exploitation criminal-punishment jury-determination mandatory-minimum restitution-order sixth-amendment | Does the Sixth Amendment require a jury to find the facts needed to justify a restitution order meeting or exceeding § 2259(b)(2)(B)'s $3,000 mandator… |
| 23-5365 | Marcus Roosevelt Taylor v. United States | Fourth Circuit | 2023-08-17 | Denied | Response WaivedIFP | asset-forfeiture civil-rights constitutional-rights criminal-procedure drug-proceeds drug-trafficking due-process mandatory-victim-restitution-act restitution restitution-order | Whether the $228,304 restitution order infringes upon Marcus Taylors constitutional rights. And sets a dangerous precedent by allowing for the return … |
| 22-7673 | James Michael Wells v. United States | Ninth Circuit | 2023-05-31 | Denied | Response WaivedIFP | anonymous-jury apprendi-rights criminal-procedure due-process jury-selection jury-trial public-trial restitution-order sixth-amendment | 1. Whether a criminal defendant has a Sixth Amendment right to a public jury, as opposed to an "anonymous" jury, in a federal criminal trial, and, if … |
| 22-6813 | Joshua Glowacki v. United States | Sixth Circuit | 2023-02-17 | Denied | Response WaivedIFP | child-pornography criminal-procedure due-process jury-determination jury-trial probable-cause restitution restitution-order search-warrant sentencing victim-rights | After Petitioner pled guilty to a child pornography offense the district court awarded restitution of $10,000 to one victim, over Petitioner's objecti… |
| 22-6627 | Kenneth Mobley v. United States | Sixth Circuit | 2023-01-26 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court-jurisdiction due-process jurisdiction loss-calculation restitution restitution-order sentencing-guidelines sentencing-reasonableness substantive-reasonableness | Was Mr. Mobley's sentence procedurally and substantively unreasonable as it was calculated on an excessive amount of loss unjustified by the facts of … |
| 21-8025 | Christopher Thieme, aka John Thieme v. United States | Third Circuit | 2022-06-01 | Denied | Response WaivedIFP | 18-usc-3664 all-writs-act criminal-law criminal-procedure illegal legal-relief restitution restitution-order sentencing sentencing-procedure statutory-interpretation writ-of-audita-querela | 1.) Does 18 U.S.C. §3664(k) and (0). which allows a sentencing court to consider motions to "adjust" a restitution order without anv time limits. perm… |
| 21-5930 | Albert M. Ranieri v. Vicky Moser, Warden | Third Circuit | 2021-10-08 | Denied | Response WaivedIFP | 18-usc-3613(b) ex-post-facto mandatory-victims-restitution-act mvra plea-agreement restitution restitution-order sentencing-procedure statutory-interpretation victim-witness-protection-act vwpa | 1) Is the VWPA the controlling law regarding payment of the Order of Restitution in the underlying criminal action and is the Ex Post Facto Clause of … |
| 21-75 | Ojin Kim v. United States | Fifth Circuit | 2021-07-21 | Denied | Response Waived | appellate-review criminal-procedure deprivation-of-liberty due-process liberty-deprivation methodology-challenge restitution restitution-order sentencing-guidelines | 1. In cases where the methodology to calculate the guidelines range for sentencing mirrors the methodology to calculate the restitution amount, if a c… |
| 20-8364 | David Gilmartin v. United States | Second Circuit | 2021-06-21 | Denied | Response WaivedIFP | civil-procedure criminal-sentencing earnings-definition economic-circumstances probation-conditions restitution restitution-order sentencing social-security social-security-benefits statutory-interpretation | 1. Whether an increase in a defendant's monthly receipts and revenue from $0 (zero) at time of sentencing to $3000 after release from prison and award… |
| 20-5248 | Robert Bernal, Jr. v. United States | Third Circuit | 2020-08-04 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure plea-agreement restitution restitution-order sentencing statutory-interpretation statutory-limits unlawful-sentence | Whether a defendant's waiver of the right to appeal which explicitly permits appeal of a sentence that "exceeds the applicable statutory limits set fo… |
| 19-8874 | Robert Warren Scully v. United States | Fifth Circuit | 2020-07-01 | Denied | Response WaivedIFP | constitutional-rights criminal-sentencing fact-finding fifth-amendment jury-trial restitution restitution-order sixth-amendment | 1. Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the j… |
| 19-1404 | Michael Lieberman v. United States | Third Circuit | 2020-06-23 | Denied | Response Waived | all-writs-act amendment criminal-defendant district-court judicial-relief post-conviction-remedies relief restitution restitution-order sentencing statutory-interpretation | 1) What relief is available to a criminal defendant under the All Writs Act? 2) How, and when, may a district court amend a restitution order imposed… |
| 18-7183 | Christopher Jude Martin v. United States | Ninth Circuit | 2018-12-27 | Denied | Response WaivedIFP | consequential-damages criminal-law criminal-valuation damages enhancements evidence legal-damages property-damage restitution restitution-order sufficiency-of-evidence valuation | A. Whether there was sufficient evidence that the value of the items at the time that Mr. Martin damaged them was over $1,000? B. Whether Mr. Martin … |
| 18-6481 | Jeremy Fontanez v. Joseph Coakley, Warden | Fourth Circuit | 2018-10-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 28-usc-2241 bureau-of-prisons circuit-split criminal-sentencing due-process due-process-clause fifth-amendment inmate-financial-responsibility-program mandatory-victims-restitution-act restitution restitution-order voluntary | DOES THE SENTENCING COURT VIOLATE THE MANDATORY VICTIMS RESTITUTION..ACT (MV -RA) WHEN IT DELEGATES ITS RESTITUTION PAYMENTS TO THE BOP? IS THE DUE P… |
| 18-5934 | Deborah M. Wagner v. United States | Fourth Circuit | 2018-09-11 | Denied | Response WaivedIFP | appeal civil-procedure criminal-appeal criminal-law criminal-procedure district-court-jurisdiction due-process mandatory-victim-restitution-act mvra plea-agreement restitution restitution-order sentencing statutory-authority statutory-interpretation | I. Whether the United States Court of Appeals erred in granting the Government's Motion to Dismiss the Petitioner's Appeal? |
| 18-288 | Philip A. Mearing v. United States | Fourth Circuit | 2018-09-05 | Denied | Amici (3) | appellate-review appellate-waiver criminal-appeal criminal-defendant-waiver criminal-procedure due-process plea-agreement plea-bargaining restitution restitution-order sentencing sentencing-procedure statutory-interpretation | 1. Whether, or under what circumstances, a criminal defendant's waiver in his plea agreement of the right to appeal his "sentence" covers an appeal of… |