US v. Balentine, No. 08-1871
District court order imposing restitution is affirmed where the requirement in 18 U.S.C. sec. 3664(d)(5) that the district court enter a restitution order within 90 days of sentencing does not divest the court of the authority to enter an order if the timing provision is breached, as such an interpretation finds no support in the text of the statute, would contravene the purposes of the Mandatory Victim Restitution Act and would reward defendants at the expense of their victims.
Appeal from the United States District Court for the Eastern District of Arkansas.
Submitted: April 15, 2009
Filed: July 1, 2009
Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
Opinion by BYE, Circuit Judge.