United States v. Carey Breshers, Jr.
684 F.3d 699
7th Cir.2012Background
- Breshers committed kidnapping and interference with commerce by robbery, resulting in MVRA restitution of $44,618.50 and district court ordered allocations to The Hartford and World Acceptance (World Finance).
- TA provided victim impact statements describing emotional distress; Hartford/World Acceptance submitted business impact and treatment costs estimates.
- District court sentenced Breshers to 293 months (Counts 1&2) and 240 months (Count 4), with supervised release and restitution totals of $40,289.50 to The Hartford, $1,104 to World Acceptance, and $3,225 to TA.
- Breshers did not object to restitution at district court, leading to plain error review on appeal.
- Court acknowledges limited record to determine if TA suffered physical injury and whether MVRA can cover mental-health/treatment costs; affirms restitution orders under MVRA § 3663A(b)(2) and discusses § 3663A(b)(4) as alternative basis.
- Court notes that more record development could affect the outcome, but still affirms at issue level.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does MVRA authorize restitution for mental-health costs without bodily injury evidence? | Breshers argues only physical injuries fall under MVRA. | State argues MVRA's bodily injury term is ambiguous and may include mental injuries. | Ambiguity exists; restitution affirmed under §3663A(b)(2) despite lack of explicit bodily injury evidence. |
| Can MVRA §3663A(b)(4) cover lost income and other expenses incurred during investigation or proceedings? | Breshers contends no record support for expenses tied to investigation/proceedings. | Government suggests §3663A(b)(4) could cover such expenses. | Record insufficient; court affirms on §3663A(b)(2) grounds without resolving §3663A(b)(4). |
Key Cases Cited
- United States v. Reichow, 416 F.3d 802 (8th Cir. 2005) (bodily injury required for psychological treatment costs (contextual precedent))
- United States v. Hicks, 997 F.2d 594 (9th Cir. 1993) (psychological costs require physical injury in some circuits)
- United States v. Dotson, 242 F.3d 391 (10th Cir. 2000) (holistic view of bodily injury discussed (Table))
- United States v. Danser, 270 F.3d 451 (7th Cir. 2001) (plain-error standard for restitution issues)
- United States v. Marcus, 130 S. Ct. 2159 (2010) (plain-error review framework for forfeited issues)
- Puckett v. United States, 129 S. Ct. 1423 (2009) (plain-error standard commentary for appellate review)