Ellingburg v. United States · ¶14
This Court's precedents on related issues further buttress the conclusion that MVRA restitution is criminal punishment. For example, forfeiture under 18 U. S. C. § 982(a)(1)— like restitution under the MVRA—occurs at the culmination of a criminal proceeding and requires conviction of an underlying crime. That forfeiture, the Court concluded, is criminal punishment. See United States v. Bajakajian, 524 U. S. 321, 328 (1998). By contrast, the Court determined that the forfeiture of frearms under 18 U. S. C. § 924(d) ordered during an in rem proceeding is a civil sanction. United States v. One Assortment of 89 Firearms, 465 U. S. 354, 363–366 (1984).Read in context ›
preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.