Dolan v. United States

Background

Brian Dolan pleaded guilty to assault and was sentenced on July 30, 2007. The sentencing judge said restitution was mandatory but left the amount open pending additional information. The probation office provided a restitution estimate 67 days later, before the 90‑day deadline. The judge set a restitution hearing more than 90 days after sentencing and later ordered about $104,649.78 in restitution. The Tenth Circuit affirmed, and the Supreme Court reviewed a split in the appeals courts.

Reasoning

The Court examined 18 U.S.C. § 3664(d)(5) and considered how courts treat missed statutory deadlines. It identified three kinds of timing rules and concluded this statute does not strip a judge of power when the deadline passes. The majority emphasized the Act’s primary goal—making victims whole—and relied on prior cases that allowed action after missed deadlines. The Court stressed that here the judge had made clear before the deadline that restitution would be ordered, leaving only the amount to be decided.

Real world impact

The ruling lets judges fill in restitution amounts after a missed 90‑day deadline when the judge signaled intent before the deadline, helping victims recover. Defendants should request timely hearings to protect appeal rights. The opinion also resolves differing practices among federal appeals courts about late restitution orders and leaves some appellate timing questions for another day.

Dissents or concurrances

Chief Justice Roberts, joined by Justices Stevens, Scalia, and Kennedy, dissented. They argued that the statute’s 90‑day limit is self‑executing and that exceeding it strips the court of authority to order restitution, emphasizing sentencing finality and that the Government should have appealed earlier.