In re: Stake Center Locating, Inc.

The right to restitution provided under the Crime Victims’ Rights Act and the Mandatory Victim Restitution Act attaches at, but not before, the defendant’s sentencing hearing.

In accordance with a plea agreement, defendant DiFrancesco pleaded guilty to income tax evasion, wire fraud, and agreed to pay restitution to Stake Center Locating, Inc. Prior to the plea hearing, Stake Center Locating, Inc. filed a motion to the district court, requesting the rejection of the plea agreement and the mandatory forfeiture of certain assets, which were no longer in DiFrancesco’s possession. The district court’s decision to deny the motion without prejudice was affirmed by the Ninth Circuit, which concluded that, because the sentencing hearing was still pending, the petition for restitution was not yet ripe. The panel held that, under the Crime Victims’ Rights Act and the Mandatory Victim Restitution Act, “the right to ‘full and timely’ restitution attaches at the defendant’s sentencing hearing, where the district court may order restitution after considering the presentence report and other documentation or testimony.” DENIED.