· 2/5/1987
United States v. Darlene G. Bruchey
Citations
- 810 F.2d 456
- 1987 U.S. App. LEXIS 1739
- 55 U.S.L.W. 2466
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that VWPA is fundamentally penal in nature but that nevertheless a civil settlement can absolve the defendant of a need to pay restitution
- implying that a voluntarily executed agreement between a defendant and his victim would render a restitution order unnecessary
- requiring findings of fact on the statutory factors to be considered in imposing restitution under the Victim and Witness Protection Act
- confusingly concluding that VWPA is fundamentally penal in nature but that nevertheless a civil settlement can absolve a defendant of the need to pay restitution
- confusingly concluding that VWPA is fundamentally penal in nature but that nevertheless a civil settlement can absolve a defendant of the need to pay restitution
- \Criminal restitution . . . is part of the sentencing process [and] . . . is fundamentally ‘penal’ in nature.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Phillips, Chapman, Maxwell, North, Virginia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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