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· 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 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.