DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
161914P.pdf 06/21/2017 United States v. George Thunderhawk
U.S. Court of Appeals Case No: 16-1914
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] Loken, Author, with Colloton and Kelly, Circuit Judges]
Criminal case - Restitution. For the court's prior opinion in the matter,
see United States v. Thunderhawk, 799 F.3d 1203 (8th Cir. 2015). The
district court gave defendant notice at sentencing that restitution would
be ordered and scheduled a hearing regarding the amount; the court stayed
the hearing pending final resolution of defendant's appeal, and then
issued a restitution order after this court issued its mandate; where
defendant had notice that restitution would be required and the delay did
not prejudice him, the restitution order was not an abuse of the district
court's discretion; the evidence was sufficient to show that defendant's
actions were the proximate cause of defendant's medical costs; the
district court did not err in directing defendant and the Probation Office
to develop a suitable schedule of payments when he is released; this order
is not an improper delegation of judicial authority because the plan will
be subject to judicial review and approval.