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DOLAN v. U.S.

No. 09-367.

130 S.Ct. 2533 (2010)

560 U.S. 605

Brian Russell DOLAN, Petitioner, v. UNITED STATES.

Supreme Court of United States.

Decided June 14, 2010.

Attorney(s) appearing for the Case

Pamela S. Karlan, Stanford, CA, appointed by this Court, for petitioner.

Toby J. Heytens, for respondent.

Sara N. Sanchez, Sheehan, Sheehan & Stelzner, P.A., Albuquerque, NM, Thomas C. Goldstein, Akin Gump, Strauss Hauer & Feld LLP, Washington, DC, Pamela S. Karlan, Counsel of Record, Jeffrey L. Fisher, Stanford Law School, Supreme Court Litigation Clinic, Stanford, CA, Amy Howe, Kevin K. Russell, Howe & Russell, P.C., Bethesda, MD, for petitioner.

Elena Kagan, Solicitor General, Counsel of Record, Lanny A. Breuer, Assistant Attorney General, Michael R. Dreeben, Deputy Solicitor General, Eric D. Miller, Assistant to the Solicitor General, Elizabeth D. Collery, Attorney, Department of Justice, Washington, DC, for United States.

Justice BREYER delivered the opinion of the Court.

This case concerns the remedy for missing a statutory deadline. The statute in question focuses upon mandatory restitution for victims of crimes. It provides that "the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing." 18 U.S.C. § 3664(d)(5). We hold that a sentencing court that misses the 90-day deadline...

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