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§ 5.51 D. Restitution

 
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A restitution order, imposed as part of a criminal sentence, can affect whether a conviction falls within certain grounds of deportation.  Certain offenses can become aggravated felonies if a loss in excess of $10,000 occurred, which can perhaps be proven by the sentence or judgment imposing an order of restitution.  See § 6.40, infra.

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Ninth Circuit

SENTENCE " FEDERAL " RESTITUTION AGGRAVATED FELONY " FRAUD OFFENSES " LOSS AMOUNT " RESTITUTION
SENTENCE " FEDERAL " RESTITUTION AGGRAVATED FELONY " FRAUD OFFENSES " LOSS AMOUNT " RESTITUTION United States v. Tsosie, ___ F.3d ___, 2011 WL 1758785 (9th Cir. May 10, 2011) (vacating district courts judgment ordering restitution for expenses incurred by victim's mother in case involving abusive sexual contact in violation of 18 U.S.C. 2244(a)(1), as the award was issued in violation of the procedural and evidentiary requirements of 18 U.S.C. 3664).

 

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