Overview
- All nine justices reversed the Eighth Circuit and remanded Ellingburg v. United States for further proceedings.
- Justice Brett Kavanaugh’s brief opinion emphasized statutory cues: the MVRA labels restitution a penalty, imposes it at sentencing, appears in Title 18’s sentencing provisions, and ties amounts to sentencing guidelines.
- The ruling means the government may not ratchet up restitution obligations under the MVRA for crimes committed before the law took effect.
- Justice Clarence Thomas, joined by Justice Neil Gorsuch, concurred to urge a return to the historical Calder v. Bull approach and criticized the modern multifactor punishment test as convoluted.
- Holsey Ellingburg Jr. committed his crimes in December 1995, was later ordered to pay $7,567.25 in restitution, and challenged the order because the MVRA took effect on April 24, 1996.