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Tuesday, November 29, 2005

Defendant may be ordered to remain current on restitution payments from previous convictions as condition of supervised release

SENTENCING
United States v. Mitchell,
No. 04-4248, ___ F.3d ___ (10th Cir. Nov. 21, 2005)(Utah).

Appeal of district court’s denial of suppression motion and imposition of condition of supervised release related to restitution

HELD: District court properly exercised its authority under 18 U.S.C. § 3583(d) by requiring defendant to remain current on restitution payments from previous criminal convictions as a condition of supervised release. By ordering defendant to remain current on restitution payments from previous criminal convictions, district court did no more than insist on compliance with preexisting court orders. It did not issue new order of restitution.

Read the opinion here.

posted by Russ at 12:04 PM


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