· 4/14/2004
United States v. Valentino Nucci
Citations
- 364 F.3d 419
- 2004 U.S. App. LEXIS 7220
- 2004 WL 790215
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “reading the [MVRA] to provide recovery in excess of the amount of the loss would be in derogation of the common law,” which Congress has not “clearly and unequivocally ... authorize[d]”
- “[A]bsent a statutory command, there is no legal basis to permit an award that allows a victim to recover more than his due.”
- “[T]he pertinent statutory provisions establish that the decision whether to apportion restitution among defendants is a discretionary one.”
- “[T[he record here is devoid of a proper payment schedule because there is no way to tell whether the district court ordered Nucci to pay the $34,476 restitution at once or in installments.”
- affirming restitution orders featuring such a scheme
- MVRA does not permit double recovery
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Kearse, Cabranes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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