Can a defendant be ordered to pay restitution as a condition of supervised release?

MultiRegion, United States of America

The following excerpt is from United States v. Morante, 14-3552-cr (2nd Cir. 2016):

The district court, as a condition of supervised release, may order "any condition set forth as a discretionary condition of probation in section 3563(b)." 18 U.S.C. 3583(d). Section 3563(b)(2) authorizes district courts to require a defendant to pay "restitution to a victim of the offense." 18 U.S.C. 3563(b)(2). "In the case of restitution orders, we review issues solely of law de novo, findings of adjudicative fact for clear error, and the multi-factor balancing aspects of such an order for abuse of discretion." United States v. Cadet, 664 F.3d 27, 34 (2d Cir. 2011) (quoting United States v. Jaffe, 417 F.3d 259, 263 (2d Cir. 2005)) (discussing restitution ordered as a special condition of supervised release).

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