Robers v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
12-9012 7th Cir. Feb 25, 2014
Tr.Aud.
May 5, 2014 9-0 Breyer OT 2013

Holding: A provision of the Mandatory Victims Restitution Act of 1996 requires property crime offenders to pay “an amount equal to . . . the value of the property” minus “the value (as of the date the property is returned) of any part of the property that is returned.” In that provision, the phrase “any part of the property” refers to the property that was lost as a result of the crime – in this case, involving a fraudulent loan application, the money lent by the bank. The property is not “returned” until it is sold and the victim receives money from the sale. Here, that means that a sentencing court should reduce the amount of restitution by the amount of money the bank received when it sold the houses that were collateral for the fraudulent loans, rather than by the (greater) value of the houses when the bank foreclosed on them.

Judgment: Affirmed, 9-0, in an opinion by Justice Breyer on May 5, 2014.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 26 2013Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2013)
Mar 28 2013Order extending time to file response to petition to and including May 1, 2013.
Apr 25 2013Order further extending time to file response to petition to and including June 3, 2013.
Jun 3 2013Brief of respondent United States in opposition filed.
Jun 12 2013Reply of petitioner Benjamin Robers filed.
Jun 13 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013DISTRIBUTED for Conference of October 11, 2013.
Oct 15 2013DISTRIBUTED for Conference of October 18, 2013.
Oct 21 2013Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Nov 19 2013Motion to appoint counsel filed by petitioner Benjamin Robers.
Nov 21 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 13, 2013.
Nov 21 2013The time to file respondent's brief on the merits is extended to and including January 21, 2014.
Nov 25 2013SET FOR ARGUMENT ON Tuesday, February 25, 2014
Dec 3 2013Record received from U.S.C.A. 7th Circuit is electronic.
Dec 4 2013Motion DISTRIBUTED for Conference of January 10, 2014.
Dec 13 2013Joint appendix filed. (Statement of costs filed.)
Dec 13 2013Brief of petitioner Benjamin Robers filed.
Jan 9 2014CIRCULATED
Jan 13 2014Motion to appoint counsel filed by petitioner GRANTED. Christopher Donovan, Esquire, of Milwaukee, Wisconsin is appointed to serve as counsel for the petitioner in this case.
Jan 14 2014Proposal from counsel for petitioner to lodge copies of two case files from underlying civil cases.
Jan 21 2014Brief of respondent United States filed. (Distributed)
Jan 30 2014The Clerk has approved the submission of petitioner's proposed lodging.
Jan 31 2014Lodging received and distributed.
Feb 14 2014Reply of petitioner Benjamin Robers filed. (Distributed)
Feb 25 2014Argued. For petitioner: Jeffrey T. Green, Washington, D. C. For respondent: Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
May 5 2014Adjudged to be AFFIRMED Breyer, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined.
Jun 6 2014JUDGMENT ISSUED.
 
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