How do we review a restitution order for "an abuse of discretion"?
MultiRegion, United States of America
The following excerpt is from United States v. Inouye, No. 14-10510 (9th Cir. 2016):
We review a restitution order for "an abuse of discretion, provided that it is within the bounds of the statutory framework." United States v. Gordon, 393 F.3d 1044, 1051 (9th Cir. 2004) (internal quotation marks omitted). "Factual findings supporting an order of restitution are reviewed for clear error. The legality of [the] order is reviewed de novo." Id. (internal quotation marks and ellipsis omitted).
Page 8
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a judge's decision not to order discovery review reviewed for abuse of discretion? (MultiRegion, United States of America)
What is the proper standard of review for denying a motion to reopen on the grounds of abuse, abuse and abuse of review? (MultiRegion, United States of America)
How do we review a restitution order for an abuse of discretion? (MultiRegion, United States of America)
Can a restitution order be reviewed for abuse of discretion? (MultiRegion, United States of America)
In what circumstances will the Court consider an abuse of discretion finding that the Attorney General abused his discretion by asking a confederate to have the Graham family assaulted? (MultiRegion, United States of America)
What are the implications of a federal court's decision to order restitution for an abuse of discretion? (MultiRegion, United States of America)
How do we review orders denying leave to file late notice of appeal for abuse of discretion? (MultiRegion, United States of America)
What are the implications of a finding of "abuse of discretion" in a finding that a judge abused discretion? (MultiRegion, United States of America)
Is an order of restitution an abuse of discretion? (MultiRegion, United States of America)
What is the test for determining whether a federal court has abused its discretion in making a restitution order? (MultiRegion, United States of America)
