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Robers v. United States

Docket No.12-9012
Op. Below7th Cir.
ArgumentFeb 25, 2014
Vote9-0
AuthorStephen G. Breyer
OpinionMay 5, 2014
TermOctober Term 2013
SCOTUS PageOpinion

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 Stephen G. Breyer on May 5, 2014.

Proceedings & orders timeline

Feb 26, 2013
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2013)
Mar 28, 2013
Order extending time to file response to petition to and including May 1, 2013.
Apr 25, 2013
Order further extending time to file response to petition to and including June 3, 2013.
Jun 3, 2013
Brief of respondent United States in opposition filed.Jun 12, 2013
Reply of petitioner Benjamin Robers filed.
Jun 13, 2013
DISTRIBUTED for Conference of September 30, 2013.
Oct 7, 2013
DISTRIBUTED for Conference of October 11, 2013.
Oct 15, 2013
DISTRIBUTED for Conference of October 18, 2013.
Oct 21, 2013
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Nov 19, 2013
Motion to appoint counsel filed by petitioner Benjamin Robers.
Nov 21, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 13, 2013.
Nov 21, 2013
The time to file respondent's brief on the merits is extended to and including January 21, 2014.
Nov 25, 2013
SET FOR ARGUMENT ON Tuesday, February 25, 2014
Dec 3, 2013
Record received from U.S.C.A. 7th Circuit is electronic.
Dec 4, 2013
Motion DISTRIBUTED for Conference of January 10, 2014.
Dec 13, 2013
Joint appendix filed. (Statement of costs filed.)
Dec 13, 2013
Brief of petitioner Benjamin Robers filed.
Jan 9, 2014
CIRCULATED
Jan 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.
Jan 14, 2014
Proposal from counsel for petitioner to lodge copies of two case files from underlying civil cases.
Jan 21, 2014
Brief of respondent United States filed. (Distributed)
Jan 30, 2014
The Clerk has approved the submission of petitioner's proposed lodging.
Jan 31, 2014
Lodging received and distributed.
Feb 14, 2014
Reply of petitioner Benjamin Robers filed. (Distributed)Feb 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.
May 5, 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.
Jun 6, 2014
JUDGMENT ISSUED.

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