U.S. v. Wyatt

Dist. Ct. did not err in imposing $95,075 in restitution to three victims at issue in interstate sex trafficking charge to which defendant had pleaded guilty. Record showed that on date of sentencing hearing, Dist. Ct. scheduled future hearing to resolve parties’ dispute on restitution figure, and eventual restitution order was entered beyond 90-day period for doing so. Dist. Ct. did not err in putting off resolution of restitution issue until after sentencing hearing, where presentence report indicated presence of dispute over restitution figure that had not been resolved as of date of sentencing hearing. Also, record did not support defendant’s claim that victims had knowingly declined restitution. Fact that record lacked complete accounting of victim’s losses did not require remand, where presentence report contained sufficient materials to make reasoned restitution award. Ct. also rejected defendant’s claim that instant restitution order was entered without benefit of counsel, where: (1) although counsel had filed motion to withdraw, counsel had previously submitted pleadings that challenged government’s proposed restitution award; (2) Dist. Ct. had considered counsel's pleadings; and (3) ultimate restitution order was more than $100,000 less than government’s initial restitution request. Too, Dist. Ct. did not err in entering restitution order outside of defendant’s presence.