· 4/29/2008
United States v. Innarelli
Citations
- 524 F.3d 286
- 2008 U.S. App. LEXIS 9242
- 2008 WL 1868418
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that restitution is meant to \make the victim whole again\
- focusing \intended loss\ inquiry \on the objectively reasonable expectation of a person in [the defendant's] position at the time\ of the offense
- “Unlike the calculation of loss amount in sentencing, the purpose of restitution is not to punish the defendant, but to make the victim whole again by restoring to it the value of the losses it suffered as a result of the defendant’s crime.”
- “Where, as here, the defendant reasonably should have expected that loss would result, he can and generally should be punished more severely to account for his greater level of moral culpability, even where the victim has managed to make money in spite of the fraud.”
- reviewing sentencing court's amount of loss calculation for clear error
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Lynch, Lipez
Read full opinion on CourtListenerSourced 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.