E.D. Ark. Notes Split Re Authority to Order Restitution Beyond 90 Days after Sentencing

Per U.S. v. Balentine, Slip Copy, 2008 WL 1699225 (E.D. Ark. Apr. 9, 2008):

The Eighth Circuit has not ruled under which circumstances, if any, a court may impose an order for restitution beyond 90 days after sentencing. There is a split among the Circuits that have addressed this issue. A majority of the Circuits that considered the question found that the 90-day limit will not bar an order for restitution, at least in certain circumstances.^FN36 The Sixth Circuit, however, held that when the “90-day clock runs out, the judgment of conviction and sentence, including the restitution provision, becomes final by operation of the statute.” ^FN37

FN36. United States v. Cheal, 389 F.3d 35, 47 (1st Cir.2004), United States v. Zakhary, 357 F.3d 186, 191 (2d Cir.2004), United States v. Johnson, 400 F.3d 187, 199 (4th Cir.2005), United States v. Moreland, 509 F.3d 1201, 1223 (9th Cir.2007), United States v. DeAngelis, 243 Fed. Appx. 471, 475-76 (11th Cir .2007), United States v. Terlingo, 327 F.3d 216, 220 (3d Cir.2003), United States v. Dando, 287 F.3d 1007, 1011 (10th Cir .2002).

FN37. United States v. Jolivette, 257 F.3d 581, 584 (6th Cir.2001). See also United States v. Farr, 419 F.3d 621 (7th Cir.2005) (vacating a restitution order entered three years after sentencing).