What is the test for determining whether a federal court has abused its discretion in making a restitution order?
MultiRegion, United States of America
The following excerpt is from United States v. Kelsey, 19-138 (2nd Cir. 2020):
satisfied that the required factors were considered, we then review any findings resulting therefrom for clear error, and we review the district court's choice of a restitution payment schedule for abuse of discretion." Id. If a district court abuses its discretion by fashioning a restitution order that is unsupported by the record, this "constitutes an illegal sentence and amounts to plain error." United States v. Mortimer, 52 F.3d 429, 436 (2d Cir. 1995).
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