Restitution Order Not Subject to Westbrooks Limitation

UILC: 6201.01-06
Release Date: 10/15/2021

ID: CCA_2020072711542244

From: * * *
Sent: Monday, July 27, 2020 11:54:22 AM
To: * * *
Cc: * * *
Bcc:
Subject: RE: potential Westbrooks — * * *

This is not a Westbrooks case. After reviewing the sentencing transcript, which controls in preference to any language in the written judgment, restitution in this case was imposed independently and not as a condition of supervised release. Therefore, the Westbrooks restrictions on assessment and collection do not apply.

Please note that, because there are non-government victims for whose benefit the defendant has been ordered to pay restitution, the government cannot collect its restitution until the non-government victims have been paid.

Please call if you have any additional questions about this matter.