Ellingburg v. United States · ¶12
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 for…Read in context ›
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