Is a plaintiff entitled to a restitution order de novo under the Volkswagen Vehicle Accident Prevention Act?

MultiRegion, United States of America

The following excerpt is from U.S. v. Cheely, 114 F.3d 1196 (9th Cir. 1997):

We review the legality of a restitution order de novo. United States v. Rutgard, 108 F.3d 1041 (9th Cir.1997). Under the VWPA, a court may order a defendant to make restitution to any victim of his offense. 18 U.S.C. 3663(a)(1)(A). The VWPA defines a "victim" as "a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered." Id. 3663(a)(2). The VWPA authorizes restitution "only for the loss caused by the specific conduct that is the basis of the offense of conviction." Hughey v. United States, 495 U.S. 411, 413, 110 S.Ct. 1979, 1981, 109 L.Ed.2d 408 (1990).

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