Dolan v. United States

177 L. Ed. 2d 108, 130 S. Ct. 2533, 560 U.S. 605, 22 Fla. L. Weekly Fed. S 457, 2010 U.S. LEXIS 4762, 78 U.S.L.W. 4548
Supreme Court of the United States·Decided June 14, 2010·No. No. 09-367·Published·Cited by 502 cases

Opinions

OPINION OF THE COURT

[560 U.S. 607]

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

[560 U.S. 608]

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 nonetheless retains the power to order restitution—at least where, as here, the sentencing court made clear prior to the deadline’s expiration that it would order restitution, leaving open (for more than 90 days) only the amount.

I

On February 8, 2007, petitioner Brian Dolan pleaded guilty to a federal charge of assault resulting in serious bodily injury. 18 U.S.C. §§ 113(a)(6), 1153; App. 17. He entered into a plea agreement that stated that “restitution . . . may be ordered by the Court.” Id., at 18. The presentence report, provided to the court by the end of May, noted that restitution was required. But, lacking precise information about hospital costs and lost wages, it did not recommend a restitution amount. Id., at 27.

On July 30, the District Court held Dolan’s sentencing hearing. The judge sentenced Dolan to 21 months’imprisonment along with 3 years of supervised release. Id., at 38. The judge, aware that restitution was “mandatory,” said that there was “insufficient information on the record at this time regarding possible restitution payments that may be owed,” that he would “leave that matter open, pending the receipt of additional information,” and that Dolan could “anticipate that such an award will be made in the future.” Id., at 39-40. A few days later (August 8) the court entered a judgment, which, among other things, stated:

“Pursuant to the Mandatory Restitution Act, restitution is applicable; however, no information has been received regarding possible restitution payments that may be owed. Therefore, the Court will not order [116]*116restitution at this time.” Id., at 49 (boldface deleted).

[560 U.S. 609]

The probation office later prepared an addendum to the presentence report, dated October 5, which reflected the views of the parties, and which the judge later indicated he had received. Id., at 54. The addendum documents the “total amount of restitution” due in the case (about $105,000). Id., at 52. Its date, October 5, is 67 days after Dolan’s July 30 sentencing and 23 days before the statute’s “90 days after sentencing” deadline would expire. § 3664(d)(5).

The sentencing court nonetheless set a restitution hearing for February 4, 2008—about three months after the 90-day deadline expired. As far as the record shows, no one asked the court for an earlier hearing. At the hearing, Dolan pointed out that the 90-day deadline had passed. Id., at 54-55. And he argued that the law no longer authorized the court to order restitution. Id., at 60-64.

The court disagreed and ordered restitution. See Memorandum Opinion and Restitution Order in No. CR 06-02173-RB (D NM, Apr. 24, 2008), App. to Pet. for Cert. 47a. The Court of Appeals affirmed. 571 F.3d 1022 (CA10 2009). And, in light of differences among the Courts of Appeals, we granted Dolan’s petition for certiorari on the question. Compare United States v. Cheal, 389 F.3d 35 (CA1 2004) (recognizing court’s authority to enter restitution order past 90 days), and United States v. Balentine, 569 F.3d 801 (CA8 2009) (same), with United States v. Maung, 267 F.3d 1113 (CA11 2001) (finding no such authority), and United. States v. Farr, 419 F.3d 621 (CA7 2005) (same).

II

A

There is no doubt in this case that the court missed the 90-day statutory deadline “for the final determination of the victim’s losses.” § 3664(d)(5). No one has offered any excuse for the court’s doing so. Nor did any party seek an extension or “tolling” of the 90 days for equitable or for other reasons. All the information needed to determine the

[560 U.S. 610]

requisite restitution amount was available before the 90-day period had ended. Thus, the question before us concerns the consequences of the missed deadline where, as here, the statute does not specify them.

In answering this kind of question, this Court has looked to statutory language, to the relevant context, and to what they reveal about the purposes that a time limit is designed to serve. The Court’s answers have varied depending upon the particular statute and time limit at issue. Sometimes we have found that the statute in question imposes a “jurisdictional” condition upon, for example, a court’s authority to hear a case, to consider pleadings, or to act upon motions that a party seeks to file. See, e.g., Bowles v. Russell, 551 U.S. 205, 127 S. Ct. 2360, 168 L. Ed. 2d 96 (2007). But cf. Kontrick v. Ryan, 540 U.S. 443, 455, 124 S. Ct. 906, 157 L. Ed. 2d 867 (2004) (finding bankruptcy rule did not show legislative intent to “delineate the classes of cases” and “persons” properly “within a court’s adjudicatory authority”); see also Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154, 160-161, 130 S. Ct. 1237, 176 L. Ed. 2d 18 (2010) (discussing use of term “jurisdictional”). The expiration of a “jurisdictional” deadline prevents the court from permitting or taking [117]*117the action to which the statute attached the deadline. The prohibition is absolute. The parties cannot waive it, nor can a court extend that deadline for equitable reasons. See John R. Sand & Gravel Co. v. United States, 552 U.S. 130, 133-134, 128 S. Ct. 750, 169 L. Ed. 2d 591 (2008).

In other instances, we have found that certain deadlines are more ordinary “claims-processing rules,” rules that do not limit a court’s jurisdiction, but rather regulate the timing of motions or claims brought before the court. Unless a party points out to the court that another litigant has missed such a deadline, the party forfeits the deadline’s protection. See, e.g., Kontrick v. Ryan, supra, at 454-456, 124 S. Ct. 906, 157 L. Ed. 2d 867 (60-day bankruptcy rule deadline for creditor’s objection to debtor discharge); Eberhart v. United States, 546 U.S. 12, 19, 126 S. Ct. 403, 163 L. Ed. 2d 14 (2005) (per curiam) (7-day criminal rule deadline for filing motion for a new trial).

[560 U.S. 611]

In still other instances, we have found that a deadline seeks speed by creating a time-related directive that is legally enforceable but does not deprive a judge or other public official of the power to take the action to which the deadline applies if the deadline is missed. See, e.g., United States v. Montalvo-Murillo,

Free access — add to your briefcase to read the full text and ask questions with AI

Dolan v. United States, 177 L. Ed. 2d 108, 130 S. Ct. 2533, 560 U.S. 605, 22 Fla. L. Weekly Fed. S 457, 2010 U.S. LEXIS 4762, 78 U.S.L.W. 4548 (U.S. 2010).

177 L. Ed. 2d 108 (Dolan v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Roberts v. Advanced Building Design
District of Columbia Court of Appeals, 2025
Pangelinan v. Pangelinan
Sup. Ct. of the Comm. of the N. Mariana Islands, 2025
United States v. Harder
Ninth Circuit, 2025
Peo v. Kinard
Colorado Court of Appeals, 2024
McIntosh v. United States
601 U.S. 330 (Supreme Court, 2024)
United States v. Avenatti
81 F.4th 171 (Second Circuit, 2023)
The People of the State of Colorado v. Zachary Eugene Babcock
2023 COA 49 (Colorado Court of Appeals, 2023)
United States v. James Simon
952 F.3d 848 (Seventh Circuit, 2020)
Shular v. United States
589 U.S. 154 (Supreme Court, 2020)
United States v. Carstie Clausen
949 F.3d 1076 (Eighth Circuit, 2020)
United States v. Donte Island
916 F.3d 249 (Third Circuit, 2019)
United States v. Williams
District of Columbia, 2019
In re: State of Texas
Fifth Circuit, 2018
Lagos v. United States
584 U.S. 577 (Supreme Court, 2018)
Ross Green v. United States
164 A.3d 86 (District of Columbia Court of Appeals, 2017)
United States v. Tulsiram
815 F.3d 114 (Second Circuit, 2016)
United States v. Weldon Gilbert
807 F.3d 1197 (Ninth Circuit, 2015)
United States v. Christopher Bour
804 F.3d 880 (Seventh Circuit, 2015)