DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
161720P.pdf 06/15/2017 United States v. Frank Whitbeck
U.S. Court of Appeals Case No: 16-1720
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Colloton, Author, with Gruender and Kelly, Circuit Judges]
Criminal case - Restitution. The time limit on criminal appeals is a
claims-processing rule and defendant's untimely appeal did not present a
jurisdictional bar to the panel's consideration of the appeal; the
Mandatory Victims Restitution Act does not provide a district court with
authority to reduce the amount of a restitution obligation to match the
value of a negotiated settlement with the victim in a civil proceeding; as
a result, 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's order denying discharge did
not foreclose defendant from seeking relief under 18 U.S.C. Sec.
3664(j)(2).