U.S. v. Price

Federal 7th Circuit Court
Criminal Court
Restitution
Citation
Case Number: 
No. 17-3077
Decision Date: 
October 19, 2018
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in imposing $11,693 restitution order to pay victim’s family and others for funeral expenses as part of defendant’s sentence on drug distribution conspiracy, even though victim was member of said conspiracy. While statutory provision (18 USC section 3663(a)(1)(A)) prohibits ordering restitution to family members of participant of conspiracy, instant restitution order was permissible, where: (1) Dist. Ct. found that defendant had killed victim/participant in conspiracy to prevent him from testifying; (2) family members incurred said expenses in their own right; and (3) said losses were not merely derivative of participant’s losses. As such,

Dist. Ct. could properly find that said family members and others were directly harmed by participant's murder and thus were victims of defendant's criminal conduct in course of instant conspiracy.