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11th Circuit: Court-Ordered Restitution Doesn't Violate 'Booker'

Daily Business Review

April 17, 2006

Court-ordered restitution is not a violation of a defendant's constitutional rights under the U.S. Supreme Court's Booker decision, the 11th Circuit has ruled -- making it the eighth federal circuit to make that holding. Dr. Freddy J. Williams was convicted on 96 federal charges relating to over-prescribing oxycodone. On appeal, Williams argued his Sixth Amendment rights were violated when the judge, instead of the jury, determined the amount of restitution to be paid to the insurance companies.

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