United States v. Whitbeck, No. 16-1720 (8th Cir. 2017)Annotate this Case
The Eighth Circuit affirmed the district court's denial of defendant's motion to discharge a restitution obligation resulting from defendant's involvement in a fraud scheme as the owner of a life insurance company. The court held that the time limit on criminal appeals was a claims-processing rule so even if the prior panel mistakenly applied the rule governing civil appeals, there was no bar to the court's consideration of the current appeal. The court concluded that the district court correctly denied defendant's motion on the merits because the Mandatory Victims Restitution Act, 18 U.S.C. 3663A(c)(1)(A)(ii), did not provide authority to reduce the amount of a restitution obligation to match the value of a negotiated settlement with the victim in civil proceedings. Consequently, the district court did not have authority to grant defendant's request to deem the restitution obligation discharged if he paid the negotiated settlement. The district court, however, did not foreclose defendant from seeking relief under section 3664(j)(2)(B) upon a proper showing, and neither did the court.