Ellingburg v. United States · ¶8

Numerous features of the MVRA lead to that conclusion. The MVRA labels restitution as a “penalty” for a criminal “offense.” 18 U. S. C. § 3663A(a)(1). A court may order restitution only with respect to a criminal “defendant” and only after that defendant's conviction of a qualifying crime. Ibid. Restitution is imposed during “sentencing” for the offense. Ibid. At the sentencing proceeding where restitution is ordered, the Government, not the victim, is the party adverse to the defendant.

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