Ellingburg v. United States · ¶4

Ellingburg has now raised an Ex Post Facto Clause challenge to his continued restitution obligation because he committed his crime before the enactment of the MVRA. The Ex Post Facto Clause issue turns in part on the threshold question of whether restitution under the MVRA is criminal punishment. Applying Circuit precedent, the U. S. Court of Appeals for the Eighth Circuit concluded that restitution under the MVRA is not criminal punishment. 113 F. 4th 839, 841–842 (2024). We now reverse.

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