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· 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 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.