Restitution Order for Lost Income of Deceased Infant Affirmed

US v. Serawopp, Docket No. 06-4022 (Tenth Cir. Oct. 25, 2007)(published):
COA affirms the district court's order of restitution for the victim's lost earnings after the defendant was convicted of voluntary manslaughter of his three-month-old daughter, Beyonce. The restitution is payable to the victim's estate, and her mother is the representative. The district court had awarded restitution in the amount of $325,721, based on the assumptions that Beyonce would begin working at age 17 and would not have a high school diploma, and also included the amount of her anticipated tribal stipend.

The court held that the MVRA allows a court to order restitution for lost future earnings of a victim. Additionally, although the MVRA does not authorize restitution for such speculative reimbursements as pain and suffering, the court could order restitution for the lost future earnings of a deceased infant. Finally, the district court did not abuse its discretion in declining to reduce the restitution amount in any manner for Beyonce's expected consumption of her earnings.