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Making financial lemonade out of Lemoine

By Douglas A. Berman

The Ninth Circuit today issued an interesting technical opinion about restitution to victims in US v. Lemoine, No. 06-50663 (9th Cir. Oct. 9, 2008) (available here). Here is how Lemoine gets started: These consolidated appeals present the question of whether the Bureau of Prisons (BOP), the federal agency responsible for the incarceration of inmates, may require inmates who participate in the bureau?s Inmate Financial Responsibility Program (IFRP) to pay restitution to victims at a higher or faster rate than was specified by the sentencing court, without obtaining an order from the sentencing court directing or approving the larger payments.  We conclude that the BOP may do so.

Full post as published by Sentencing Law and Policy on October 09, 2008 (boomark / email).