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United States v. Juvenile G.Z.

UNITED STATES of America, Appellee, v. JUVENILE G.Z., Appellant

United States v. Juvenile G.Z., 144 F.3d 1148 (8th Cir. 1998)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
May 21, 1998
Docket
No. 97-4322
Judges
Arnold, Gibson, Fagg
Citations
144 F.3d 11481998 WL 2545331998 U.S. App. LEXIS 10187

Opinion — Per Curiam

PER CURIAM.

The district court sentenced G.Z., a Native American juvenile, to probation and ordered restitution payments after G.Z. pleaded guilty to burglarizing an occupied dwelling.

See 18 U.S.C. §§ 1153 & 5032 (1994); S.D. Codified Laws Ann. § 22-32-1 (1988). On appeal, G.Z. contends the district court improperly ordered full restitution without examining G.Z.’s financial resources.

See 18 U.S.C. § 3663 (a) (Supp. II 1996). G.Z. does not dispute he pleaded guilty to a crime of violence, and in these circumstances, restitution is mandatory, not discretionary.

See id.

§ 3663A(a)-(c);

see also U.S. Sentencing Guidelines Manual § 4B1.2(a) (1997);

United States v. Graham, 982 F.2d 315, 316 (8th Cir.1992) (per curiam) (burglary of a dwelling is a crime of violence for sentence enhancement purposes). Thus, the district court was compelled to order full restitution without considering G.Z.’s economic circumstances.

See 18 U.S.C. § 3664 (f)(1)(A) (Supp. II 1996);

United States v. Williams, 128 F.3d 1239, 1241 (8th Cir.1997). Although G.Z.’s plea agreement recommended the district court order restitution under § 3663, this section makes clear that discretionary restitution is not available for crimes of violence and § 3663A applies to these offenses. The district court applied the law correctly, and we affirm.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1999: 12004: 219992026peak 2004 · 2

Relies on it most ⓘ

  1. United States v. Patrick V.359 F.3d 3 (1st Cir. 2004)
  2. United States v. Floyd Jacobs167 F.3d 792 (3d Cir. 1999)
  3. United States v. Patrick V.374 F.3d 12 (1st Cir. 2004)

Most recent

  1. United States v. Patrick V.374 F.3d 12 (1st Cir. 2004)
  2. United States v. Patrick V.359 F.3d 3 (1st Cir. 2004)
  3. United States v. Floyd Jacobs167 F.3d 792 (3d Cir. 1999)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
United States v. Williams, 128 F.3d 1239 (8th Cir. 1997) 43
United States v. Graham, 982 F.2d 315 (8th Cir. 1992) 18

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