United States v. Tanner, No. 19-30833 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed the written amount of restitution imposed after defendant pleaded guilty to one count of financial aid fraud. Defendant asserts that, at sentencing, the district court orally pronounced restitution of $63,221, but the written judgment mandates $106,744. The court concluded that, although the oral pronouncement was ambiguous, it does not conflict with the written judgment. In this case, the district court stated several times that the "correct" or "net" amount owed in restitution was $106,744—the amount it imposed in its written judgment. The court acknowledged that the district court could have been clearer, but that the record confirms that the district court intended to order restitution in the amount of the written judgment.