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eBook details

• Title: United States v. Florence
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 20, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

ROSS, Circuit Judge In this appeal William Florence, the appellant, attacks the district court's1 order imposing restitution under the authority of 18 U.S.C. §§ 3579 and 3580. These statutes are argued to be unconstitutional and the imposition of restitution an abuse of discretion. We affirm. Facts On September 30, 1983, the appellant entered a plea of guilty to a single count indictment which charged him with armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d). At the sentencing hearing held on November 4, 1983, the court reviewed the Victim Impact Statement which stated that $2,045.00 of the $4,739.00 taken in the robbery was recovered. The court informed the appellant that it was considering an order requiring him to pay restitution to the victims up to the amount of unrecovered money ($2,694.00). The court gave the appellant an opportunity to withdraw his guilty plea after informing him of the possibility of an order of restitution. The appellant decided to continue with the plea of guilty although he objected to the constitutionality of 18 U.S.C. §§ 3579 and 3580, as well as their application to his case.

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