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United States v. Harvey, No. 20-1869 (1st Cir. 2021)

The First Circuit vacated the amended judgment of the district court amending the restitution portion of Defendant’s sentence, holding that the district court was divested of jurisdiction over the restitution order once the order was entered as part of Defendant’s final criminal judgment.

In 2011, the district court imposed a criminal sentence against Defendant. The original sentence included a restitution order to the corporate victim payee. In 2020, the district court amended the restitution portion of the sentence to substitute the receiver of the corporate victim as the restitution recipient. The First Circuit reversed the amended restitution order, holding (1) the district court invoked Fed. R. Crim. P. 36 for an amendment that could not be properly made under it; and (2) therefore, the district court acted without jurisdiction.

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