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· 9/30/2016

Olivares v. University of Chicago

Citations

  • 213 F. Supp. 3d 757
  • 2016 WL 5724825

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding the defendant was not in custody by noting among other A-1355-21 14 factors his ability to leave after each day of interrogation by investigators and return to his motel room
  • vacating restitution award and remanding for reconsideration in absence of any assessment of defendant's ability to pay
  • remanding for A-3309-21 23 restitution hearing where the trial record contained no mention of the defendant's likely future earnings
  • distinguishing Orji and requiring ability-to-pay hearing on $271,000 restitution award due to silence of record on defendant's financial resources and likely future earnings
  • finding plain error and remanding when a court ordered a defendant to pay restitution without first conducting an ability-to-pay hearing because neither the sentencing transcript nor the presentence report gave any indication as to the defendant's ability to pay

Source: CourtListener parenthetical corpus (CC0).

Judges: Biggs

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.