11 results for 'cat:"Sentencing" AND cat:"Restitution"'.
J. Stevens upholds a trial court judgment denying the appeal of a convicted felon whose eight-year suspended sentence for illegal possession of a firearm was revoked. Defense counsel found no genuine issues to justify an appeal, and, upon review of the record, no reversible error exists. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 16, 2024, Case #: 06-23-157-CR, Categories: Firearms, sentencing, restitution
Per curiam, the circuit finds the district court properly denied the inmate's request for a restitution stay. The inmate was convicted for mailing explosives to President Obama, Texas Governor Abbott, and the Social Security Commissioner. She has not presented a basis for relief. Though her request for compassionate release was denied on jurisdictional grounds, the circuit had denied her request for a certificate of appealability, which gave the district court jurisdiction to decide her compassionate release motion. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-20209, Categories: sentencing, restitution, Terrorism
J. Jones finds the district court properly ordered restitution for defendants' convictions for healthcare fraud and receiving Medicare kickbacks. No error is found in the court’s calculation of the improper benefit received as to the purpose of sentencing and restitution. That a certain defendant received the primary benefit from the fraudulent payments is irrelevant for assessing restitution. The court properly imposed restitution on each defendant jointly and severally for the full amount. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: February 21, 2024, Case #: 22-20620, Categories: Fraud, sentencing, restitution
J. Sullivan finds the lower court properly convicted defendant of six counts of retail theft for allegedly stealing housewares and other items from a Macy’s store on several occasions, and was sentenced to three to 14 years imprisonment. The lower court also ordered defendant to pay restitution in the amount of $4,568, but did not specify the method in which it was to be repaid. Because of the lack of specificity regarding the restitution, it is vacated and remanded to the lower court for reimposition and clarification. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: February 20, 2024, Case #: J-S27043-22 , Categories: sentencing, Theft, restitution
J. Johnson, finding the record did not contain sufficient evidence to support the amount of restitution ordered, upholds defendant’s conviction on simple arson but vacates the five-year prison sentence and $4,500 in restitution and remands the case for resentencing. Affirmed in part, vacated in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: December 27, 2023, Case #: 23-KA-234, Categories: sentencing, restitution, Arson
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J. Collins holds that the trial court must recalculate defendant's custody credits on his sentence for assault with force likely to cause great bodily injury. He has also fully satisfied a $280 restitution fine and a $280 parole revocation fine through excess days he spent in custody. However, the restitution order for funeral and burial expenses was proper. Defendant's cousin would not have been killed if defendant had not started a fistfight that ended when defendant summoned help from a friend who shot and killed the cousin. Reversed in part.
Court: California Courts Of Appeal, Judge: Collins, Filed On: August 31, 2023, Case #: B325493, Categories: sentencing, Assault, restitution
J. Wall finds a lower court properly dismissed a defendant's second motion to correct an alleged illegal sentence. The defendant, who is serving a life sentence with no chance of parole, argued that the lower court erred in imposing restitution to the sister of his murder victim. However, the defendant is barred from bringing his claims under res judicata. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: June 23, 2023, Case #: 125,113, Categories: Murder, sentencing, restitution
Per curiam, the circuit finds that the district court properly set restitution and forfeiture in convicting defendant of wire and securities fraud in a scheme that solicited investors to develop an airport in Belize. Defendant waived his challenge to the $26.1 million restitution order and $26.5 million forfeiture order to ensure a previously negotiated sentence that eliminated enhancements. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 20, 2023, Case #: 21-2761-cr, Categories: sentencing, restitution, Securities
J. Lee finds the lower court improperly reversed the trial court’s order requiring defendant to pay a set of restitution during his probationary period without payment terms. Tennessee Code Annotated Section 40-35-304 allows, but does not require trial courts to specify payment terms. The instant court finds the trial court’s restitution order is reasonable, considered both parties and is final; as such, the trial court’s order is reinstated. Reversed.
Court: Tennessee Supreme Court, Judge: Lee, Filed On: June 8, 2023, Case #: E2020-01333-SC-R11-CD, Categories: sentencing, restitution
J. Duffy finds a lower court ruled mostly correctly in convicting defendant of charges related to credit card fraud. Defendant raised a range of issues with her conviction, including arguing that she should have received more credit for time served, but the credit defendant seeks “was already counted toward a sentence imposed in a prior case.” However, the lower court should recalculate its restitution order because it calculated restitution based on nine unauthorized transactions rather than “the single transaction for which defendant was convicted.” Affirmed in part.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: June 1, 2023, Case #: A-1-CA-38256, Categories: Fraud, sentencing, restitution