A defendant was convicted, and his sentence included over $500,000 in restitution. He was ordered make periodic restitution payments of at least 10% of his income. He then inherited over $400,000, and so the government moved to modify the restitution payment order. He paid $100,000 in towards restitution, but blew most of the rest in a lavish spending spree while he got extensions on the government’s motion to modify. The district court ruled that the defendant’s bad faith violated the restitution order. Today, CA3 reversed, holding that revocation requires violation of a specific condition of supervised release, and neither bad faith nor violation of an informal agreement with the prosecution sufficed.
The case is US v. Bagdy. Opinion by Vanaskie, joined by Smith and Shwartz. Arguing counsel were Candace Cain for the defendant and Donovan Cocas for the government.