U.S. v. Grusd

Defendant was found guilty of wire fraud and agreed to pay $23.2 million in restitution to 15 sets of victims. During sentencing the district judge ordered defendant to pay only $21.6 million based on the parties’ representations about amounts already paid. On appeal, defendant challenged the restitution order, arguing that the judge plainly erred by subtracting $1.6 million from the agreed-upon total without substantiation of the amounts paid. The Seventh Circuit affirmed, finding that defendant waived the argument and could not challenge the credit on appeal and, even if he had not forfeited the claim, it did not meet the standards for plain-error review. (BRENNAN and SYKES, concurring)