May 9, 2013 4th Circuit published opinion

United States v Grant

Grant pled guilty to theft of government property and was ordered to pay restitution. On a government motion, the district court ordered Grant to apply all tax refunds and other financial gains to paying her restitution. The panel, with one judge separately concurring, vacated the order. The majority held that the district court erred when it failed to consider the affect of the order on grant and her family. The majority noted that the original sentencing court was aware that Grant received tax refunds when the initial payment schedule was set and there was no evidence that Grant’s financial situation had materially changed in a way that would make the new order reasonable under the restitution statutes. Thus, there was no need to remand. The concurrence agreed that the original sentencing court took the tax refund information into account in the initial payment schedule and the concurring judge agreed with the decision to vacate on that basis alone.

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