Dolan v. United States

In Dolan v. United States, 131 S. Ct. 2533 (2010), the Court held that a district court retained the power to order restitution, even after expiration of the 90-day post-sentencing period, when it had made clear prior to the deadline that it intended to impose restitution. Dolan, 130 S. Ct. at 2537. In Dolan, the district court had held open the restitution order at sentencing because there was "insufficient information . . . regarding possible restitution payments that may be owed"; 67 days later, the probation office prepared an addendum to the PSR, recommending a total amount of restitution. Id. Despite this information, the defendant did not request a hearing, and the court did not hold a hearing until about three months after the 90-day deadline had expired. Id. The Supreme Court of the United States held that restitution orders entered beyond the 90-day period prescribed by 18 U.S.C. 3664(d)(5) are permissible, at least when "the sentencing court made clear prior to the deadline's expiration that it would order restitution, leaving open (for more than 90 days) only the amount." 130 S.Ct. at 2537. In that case, the district court recognized that restitution was mandatory under the relevant statute, but concluded that there was "insufficient information" in the record at the time of sentencing. Id. At sentencing, the district court told the defendant that he could "anticipate that such an award will be made in the future." Id. The district court did not hold a hearing to address restitution until after the 90-day period for ordering restitution had passed and, after the hearing, the district court ordered restitution. Id. The Tenth Circuit affirmed the restitution order, see United States v. Dolan, 571 F.3d 1022 (10th Cir.2009), and the Supreme Court also affirmed the ruling. Specifically, the Supreme Court held that "a sentencing court that misses the 90-day deadline nonetheless retains the power to order restitution-at least where, as in Dolan, the sentencing court made clear prior to the deadline's expiration that it would order restitution, leaving open (for more than 90 days) only the amount." 130 S.Ct. at 2537.