United States v. Johannsen
United States v. Johannsen
Opinion of the Court
ORDER
The Court has before it Government’s Sentencing Memorandum dated February 26,1999 which requests that as a part of Defendant’s sentencing, and pursuant to the Mandatory Victims Restitution Act of 1996 (hereinafter MVRA), Defendant be assessed restitution in the amount of $47,771.84 which includes principal.amount still due and owning, plus interest on monies the victim, Shelby County State Bank, incurred.
On December 10, 1998 Defendant entered a plea of guilty to count one of a twelve count indictment.
On April 24, 1996 the MVRA went into effect. The government contends and the Court agrees, that the MVRA differs significantly from its predecessor, the Victim Witness Protection Act (hereinafter VWPA), 18 U.S.C. § 3663, in that unlike the VWPA, the MVRA requires courts to order restitution.
Upon review of the government’s brief, the PSIR, and both the VWPA and the MVRA, the Court finds that it is required to include in its restitution order the interest that Shelby County State Bank paid out to its customers, as a result of Defendant’s actions. See e.g. Dean, 949 F.Supp. at 784. Further, the Court finds that the total amount of restitution due in this matter is $47,771.84, which includes the principal plus interest. This amount is based on the determinations made by the Probation Office in the PSIR.
Therefore, the Court Orders the Defendant to pay $47,771.84 in restitution.
IT IS SO ORDERED.
.The remaining counts were dismissed at sentencing.
.See PSIR ¶ 83.
.See PSIR ¶ 22.
. The Court notes that in relation to restitution payments the VWPA states that the Court "may” require payment of restitution (suggesting discretion), whereas the MVRA states the Court "shall” order payment of restitution.
. MVRA is applicable, as Defendant's conduct extended beyond the MVRA’s implementation date. See United States v. Williams, 128 F.3d 1239, 1241 (8th Cir. 1997). As stated above, Defendant's criminal activities spanned eleven years, starting in 1987 and concluding in 1998.
.The Court acknowledges that the Rea case did not deal with interest amounts specifically, as it entailed restitution for damage as a result of arson, however, the Court reads the Eight Circuit’s use of the term "full amount” to be inclusive of interest.
Reference
- Full Case Name
- United States v. Verreta JOHANNSEN
- Cited By
- 1 case
- Status
- Published