Ellingburg v. United States · ¶10

As a further sign that MVRA restitution is criminal punishment, the federal MVRA restitution regime is codified in Title 18, “Crimes and Criminal Procedure.” The main statutory provisions authorizing restitution orders, § 3663 and § 3663A, are contained in Chapter 232 of Title 18, entitled “Miscellaneous Sentencing Provisions.” Another statutory provision, § 3556, states that a court “shall order restitution” in “imposing a sentence” for covered offenses. That provision is housed in Chapter 227 of Title 18, entitled “Sentences.” The statute also refers to a “sentence that imposes an order of restitution.” § 3664(o). When imposing restitution, a district court must follow the procedures applicable to other criminal penalties, including the Federal Rules of Criminal Procedure. See § 3664(c). And § 3663(c) directs the U. S. Sentencing Commission to promulgate criminal sentencing guidelines…

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