882 F.3d 638
7th Cir.2018Background
- Ralph Hathaway, convicted under 18 U.S.C. § 2423(a), (b) for transporting and traveling with a minor for sexual activity; jury found him guilty on three counts.
- PSR calculated total restitution of $4,489: $1,089 counseling, $3,100 relocation to California, $300 retrieval of belongings.
- At sentencing Hathaway objected only to the counseling portion of restitution; did not object to relocation or retrieval costs.
- The district court overruled the counseling objection, ordered full restitution, and sentenced Hathaway to 400 months imprisonment plus supervised release.
- On appeal Hathaway challenged the relocation and retrieval restitution items that he had not objected to at sentencing.
- The Seventh Circuit held Hathaway waived those appellate challenges by intentionally relinquishing his right to contest them at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether relocation expenses were improperly included in restitution | Relocation costs were not directly related to Hathaway's criminal conduct and thus improper | Government: Hathaway waived by not objecting at sentencing | Waived — Hathaway intentionally relinquished the right to contest these costs on appeal |
| Whether retrieval expenses lacked record support and should be excluded from restitution | Retrieval costs were unsupported in the record and thus improper | Government: same waiver/strategy argument | Waived — failure to object at sentencing was strategic and extinguished appellate review |
Key Cases Cited
- United States v. Burns, 843 F.3d 679 (7th Cir.) (timely and specific district-court objection required to preserve issues for appeal)
- United States v. Waldrip, 859 F.3d 446 (7th Cir.) (distinguishing waiver and forfeiture; waiver extinguishes appellate review)
- United States v. Butler, 777 F.3d 382 (7th Cir.) (importance of waiver/forfeiture distinction)
- United States v. Brodie, 507 F.3d 527 (7th Cir.) (choosing some sentencing objections but not others can constitute waiver)
- United States v. Garcia, 580 F.3d 528 (7th Cir.) (evaluating record to infer strategic relinquishment of objections)
- United States v. Fuentes, 858 F.3d 1119 (7th Cir.) (selective PSR objections support waiver)
- United States v. Lewis, 823 F.3d 1075 (7th Cir.) (sentencing hearing is the critical opportunity to raise PSR objections)
- United States v. Hayward, 359 F.3d 631 (3d Cir.) (parents may recover reasonable costs to obtain return of victimized children)