Ellingburg v. United States · ¶1

The Mandatory Victims Restitution Act of 1996 requires defendants convicted of certain federal crimes to pay monetary restitution to victims. Although petitioner Ellingburg committed his crime before the MVRA's enactment, he was sentenced under the MVRA and ordered to pay $7,567.25 in restitution. Ellingburg raised an Ex Post Facto Clause challenge to his continued restitution obligation. The Eighth Circuit concluded that restitution under the MVRA is not criminal punishment subject to the Ex Post Facto Clause.

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