Second Circuit· 2/17/2016
United States v. Viloski
Citations
- 814 F.3d 104
- 2016 U.S. App. LEXIS 2695
- 2016 WL 624463
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that deprivation of livelihood is another factor to be considered in the Bajakajian analysis, not a separate inquiry
- explaining that courts may consider fine’s impact on future ability to earn a livelihood
- discussing imposition of sentence and fine within the context of the criminal Sentencing Guidelines and statutory maximum penalties
- distinguishing “punitive” fines from “purely ‘remedial’ forfeitures . . . .”
- “[I]t seems unlikely that the Bajakajian Court meant to preclude courts from considering whether a forfeiture would deprive an offender of his livelihood.”
- “A forfeiture is unconstitutionally excessive if it is grossly disproportional to the gravity of a defendant’s offense.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Walker, Cabranes
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