Holsey Ellingburg, Jr., Petitioner v. United States

This case asked whether restitution (money paid to victims) under the MVRA counts as criminal punishment. The Court unanimously ruled that MVRA restitution is criminal punishment for Ex Post Facto Clause purposes. It reversed the Eighth Circuit and sent the case back.

Result

Reversed

Federal defendants whose crimes happened before the MVRA may be most affected. The Court said MVRA restitution is criminal punishment under the Ex Post Facto Clause (constitutional rule against retroactive punishment). For example, Ellingburg committed his crime before 1996 but was later ordered to pay $7,567.25. Next, lower courts must apply that rule when similar federal restitution challenges arise.

Not official Court text.

Vote split

9-0

Majority author

Brett M. Kavanaugh