472 F. App'x 523
9th Cir.2012Background
- Appellant challenges district court’s reliance on VWPA timing for restitution liability vs MVRA timing.
- MVRA amended 1996 to extend liability period; VWPA previously governed restitution termination.
- Judgment (April 30, 1990) ordered $ restitution and 15-year custody; Appellee released January 8, 1999.
- District court applied VWPA, concluding liability terminated after 20 years; Appellant sought MVRA application.
- Court reverses and remands, applying MVRA to extend liability; discusses ex post facto and waiver defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which restitution statute governs liability timing | Richards argues VWPA governs; liability terminated | Appellant argues MVRA governs; retroactive effect allowed | MVRA governs; liability not terminated under MVRA |
| Does MVRA retroactivity violate Ex Post Facto | Applying MVRA is an expansion of liability | Expansion not punishment; valid retroactivity | No ex post facto violation |
| Was Appellant’s challenge waived by failure to appeal | Challenge preserved by direct appeal | Waived by failure to appeal | Waived |
Key Cases Cited
- Landgraf v. USI Film Prods., 125 S. Ct. 2315 (U.S. 1994) (retroactivity framework for procedural statutes)
- Friel v. Cessna Aircraft Co., 751 F.2d 1037 (9th Cir. 1985) (per curiam; procedural retroactivity)
- United States v. Gianelli, 543 F.3d 1178 (9th Cir. 2008) (explanation of ex post facto considerations in restitution)
- United States v. Berger, 574 F.3d 1202 (9th Cir. 2009) (restitution statute interpretation and retroactivity)