Robers v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-9012	7th Cir.	Feb 25, 2014	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

A quick recap of the Robers opinion (Tom Goldstein, May 5, 2014)
Opinion analysis: Justices have little sympathy for mortgage fraudster (Ronald Mann, May 5, 2014)
A "view" from the Court: A divided ruling on prayer, but no fireworks (Mark Walsh, May 5, 2014)
Argument report: Justices skeptical of mortgage fraudster (Ronald Mann, February 27, 2014)
Argument preview: Justices to assess penalties for subprime mortgage fraud (Ronald Mann, February 21, 2014)
Court grants two cases (UPDATED) (Lyle Denniston, October 21, 2013)

Date	Proceedings and Orders (key to color coding)
02/26/2013	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2013)
03/28/2013	Order extending time to file response to petition to and including May 1, 2013.
04/25/2013	Order further extending time to file response to petition to and including June 3, 2013.
06/03/2013	Brief of respondent United States in opposition filed.
06/12/2013	Reply of petitioner Benjamin Robers filed.
06/13/2013	DISTRIBUTED for Conference of September 30, 2013.
10/07/2013	DISTRIBUTED for Conference of October 11, 2013.
10/15/2013	DISTRIBUTED for Conference of October 18, 2013.
10/21/2013	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
11/19/2013	Motion to appoint counsel filed by petitioner Benjamin Robers.
11/21/2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 13, 2013.
11/21/2013	The time to file respondent's brief on the merits is extended to and including January 21, 2014.
11/25/2013	SET FOR ARGUMENT ON Tuesday, February 25, 2014
12/03/2013	Record received from U.S.C.A. 7th Circuit is electronic.
12/04/2013	Motion DISTRIBUTED for Conference of January 10, 2014.
12/13/2013	Joint appendix filed. (Statement of costs filed.)
12/13/2013	Brief of petitioner Benjamin Robers filed.
01/09/2014	CIRCULATED
01/13/2014	Motion 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.
01/14/2014	Proposal from counsel for petitioner to lodge copies of two case files from underlying civil cases.
01/21/2014	Brief of respondent United States filed. (Distributed)
01/30/2014	The Clerk has approved the submission of petitioner's proposed lodging.
01/31/2014	Lodging received and distributed.
02/14/2014	Reply of petitioner Benjamin Robers filed. (Distributed)
02/25/2014	Argued. For petitioner: Jeffrey T. Green, Washington, D. C. For respondent: Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
05/05/2014	Adjudged to be AFFIRMED Breyer, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined.
06/06/2014	JUDGMENT ISSUED.