Court Couldn’t Make Change to Restitution Absent Statutory Factor, Tenth Circuit Says

Once a district court has ordered a defendant to pay restitution as a condition of probation under the Mandatory Victims Restitution Act, it may not subsequently alter that order absent a showing of one of the factors enumerated in the MVRA at 18 U.S.C. §3664(o)(1), the U.S. Court of Appeals for the Tenth Circuit held March 12 (United States v. Wyss, 2014 BL 71686, 10th Cir., No. 13-4005).

Richard David Wyss II pleaded guilty to making false statements to the U.S. Transportation Security Administration. Wyss concealed from the TSA that he was working full-time for the ...