Plain Error for Court to Not Establish Restitution Payment Schedule; Vague Letter Sufficient to Support Amount

U.S. v. Ahidley, 2007 WL 1519873 (5/25/07)(published) - Tenth issues a plain error reversal of the d.ct.'s restitution order. It was obvious error, despite the contrary opinion of other circuits, that the d.ct. erred by ordering the immediate payment of $ 22,537.13 of restitution without considering the factors required to be considered by 18 U.S.C. § 3664(f)(2), including the defendant's financial resources. The error affected the defendant's substantial rights and adversely affected the integrity of the proceeding because the defendant was obviously incapable of paying the restitution immediately. The 10th remanded for the d.ct. to presumably set up a reasonable payment schedule.

On the bad news side, the d.ct. did not err when it determined the amount of the restitution for an assault conviction based on a letter from the NM Human Services Department stating a certain amount of expenses "may be related to the accident that occurred" on the same date as the assault. The expense seemed to the 10th to be reasonable in light of the hospitalization, surgery and other medical treatment the victim received. Nothing in the record would lead the d.ct. to doubt the loss amount.