United States v. Norman Stoerr
2012 U.S. App. LEXIS 18204
| 3rd Cir. | 2012Background
- Stoerr pled guilty to bid rigging, conspiracy, and false tax returns related to kickbacks from Sevenson contractors.
- Sevenson paid Tierra Solutions to compensate its losses from the kickback scheme, then sought MVRA restitution from Stoerr.
- District Court denied Sevenson restitution and ordered Stoerr to pay Tierra directly.
- Restitution totaled $391,228.18; Sevenson’s payments to Tierra were offset against Stoerr’s liability.
- Court held Sevenson, as a non-party, lacked standing to appeal the restitution order and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether non-party payers have standing to appeal MVRA restitution | Sevenson has a right to appeal as a victim-paid restitution payer | Non-parties lack standing to appeal criminal sentences | Non-parties have no standing to appeal restitution orders |
| Whether MVRA implies a right of appeal for non-parties | MVRA language implies appeal rights for payers | Statute silent on non-party appeals; no implied right | MVRA does not create an implicit non-party appeal right |
| Whether exceptions for interested non-parties apply | Non-party has stake and should be allowed to appeal | Binker exception does not apply; no cognizable stake | No applicable exception allows non-party appeals |
Key Cases Cited
- Aguirre-Gonzalez, 597 F.3d 46 (1st Cir. 2010) (victims may petition for mandamus under CVRA; not a general right to appeal MVRA restitution)
- United States v. Hunter, 548 F.3d 1308 (10th Cir. 2008) (non-parties generally may not appeal criminal sentences)
- United States v. Leahy, 438 F.3d 328 (3d Cir. 2006) (restitution ordered as part of sentence is criminal in nature)
- Grundhoefer v. United States, 916 F.2d 788 (2d Cir. 1990) (victim lacks standing to appeal restitution order)
- Monzel v. United States, 641 F.3d 528 (D.C. Cir. 2011) (non-party appeals of restitution generally not allowed; cannot reopen sentence)
- Perry v. United States, 360 F.3d 519 (6th Cir. 2004) (victim to lien on defendant's property did not reflect general right to appeal final sentence)
- Caplan v. Fellheimer Eichen Braverman & Kaskey, 68 F.3d 828 (3d Cir. 1995) (civil context; non-parties with stake may appeal in some cases)
- Devlin v. Scardelletti, 536 U.S. 1 (2002) (recognizes class member appeals in civil context; not controlling in criminal MVRA context)