The question
Whether restitution ordered under the Mandatory Victims Restitution Act of 1996 is criminal punishment subject to the Ex Post Facto Clause.
Ellingburg v. United States
What the Court decided
The Court reversed the Eighth Circuit and held that restitution under the Mandatory Victims Restitution Act is criminal punishment for purposes of the Ex Post Facto Clause. The MVRA's text and structure show Congress intended restitution to be a penal sanction: the statute labels it a penalty for a criminal offense, only a convicted defendant may be ordered to pay it, it is imposed at sentencing alongside imprisonment and fines, and the Government, not the victim, is the adverse party. The case was remanded.
How the justices split
UnanimousThe Court's opinion
Kavanaugh, joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Barrett, Jackson
Restitution under the MVRA is criminal punishment for purposes of the Ex Post Facto Clause. Whether a law imposes a penal sanction rather than a civil remedy is a question of statutory construction resolved by the statute's text and structure. The MVRA labels restitution a penalty for a criminal offense, permits it only against a defendant convicted of a qualifying crime, imposes it at sentencing alongside imprisonment and fines, and makes the Government the party adverse to the defendant. The regime is codified in Title 18 among sentencing provisions and follows the procedures for other criminal penalties. Precedent has treated MVRA restitution as criminal punishment, and although Congress meant restitution both to punish offenders and compensate victims, victims cannot initiate or settle the process as they could in a civil proceeding.
Concurring
Thomas, joined by Gorsuch
Thomas filed a concurring opinion, joined by Gorsuch.
How we know · 5 sourced claims
The Court held that restitution under the Mandatory Victims Restitution Act is criminal punishment for purposes of the Ex Post Facto Clause.
Source: syllabus, Held
The Eighth Circuit had concluded that restitution under the MVRA is not criminal punishment subject to the Ex Post Facto Clause.
Source: syllabus, Held
The MVRA labels restitution a penalty for a criminal offense and imposes it at sentencing alongside punishments such as imprisonment and fines.
Source: syllabus, Held
Kavanaugh delivered the opinion for a unanimous Court, and Thomas filed a concurring opinion joined by Gorsuch.
Source: syllabus, lineup
The Court reversed and remanded the judgment reported at 113 F. 4th 839.
Source: syllabus, Held