United States v. Butler

Fifth Circuit

United States v. Butler

137 F.3d 1371, 1998 WL 138827

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 30, 1998

Docket97-20603

StatusPublished

Cited by3 cases

This text of 137 F.3d 1371 (United States v. Butler) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Butler, 137 F.3d 1371, 1998 WL 138827 (5th Cir. 1998).

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Opinion

PER CURIAM:

Griouard Butler challenges his sentence on the grounds that the Mandatory Victim Restitution Act of 1996 (“MVRA”) violates the Fifth Amendment, the Eighth Amendment, and the separation of powers doctrine. To the extent that Butler’s. Fifth and Eighth Amendment claims depend on his speculation that he will be imprisoned because of his indigence, they are premature and not ripe for review; Butler does not assert that he has suffered or is about to suffer such punishment. See United States v. Williams, 128 F.3d 1239, 1242 (8th Cir.1997) (rejecting Eighth Amendment challenge to MVRA as not ripe). To the extent that Butler claims his sentence—168 months incarceration, a $5,000 fine, and $8,879 in restitution—is disproportionate and excessive in relation to the three bank robberies for which he was convicted, his claim is without merit. See United States v. Dean, 949 F.Supp. 782, 786 (D.Or.1996) (“Where the amount of restitution is geared directly to the amount of the victim’s loss caused by the defendant’s illegal activity, proportionality is already built into the order.”); see also United States v. Tencer, 107 F.3d 1120, 1135-36 & n. 7 (5th Cir.) (“An order of restitution must be limited to losses caused by the specific conduct underlying the offense of conviction.”), cer t. denied, — U.S.-, 118 S.Ct. 390, 139 L.Ed.2d 305 (1997).

*1372 Butler’s claim that the mandatory imposition of full restitution violates the separation of powers doctrine is similarly without merit. See United States v. Rasco, 123 F.3d 222, 226 (5th Cir.1997) (“The power to fix sentences rests ultimately with the legislative, not the judicial branch of the government and thus the mandatory nature of the punishment ... does not violate the doctrine of separation of powers.”), cert. denied, — U.S. -, 118 S.Ct. 868, 139 L.Ed.2d 765 (1998). Accordingly, Butler’s sentence is AFFIRMED.

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PER CURIAM:

Griouard Butler challenges his sentence on the grounds that the Mandatory Victim Restitution Act of 1996 (“MVRA”) violates the Fifth Amendment, the Eighth Amendment, and the separation of powers doctrine. To the extent that Butler’s. Fifth and Eighth Amendment claims depend on his speculation that he will be imprisoned because of his indigence, they are premature and not ripe for review; Butler does not assert that he has suffered or is about to suffer such punishment. See United States v. Williams, 128 F.3d 1239, 1242 (8th Cir.1997) (rejecting Eighth Amendment challenge to MVRA as not ripe). To the extent that Butler claims his sentence—168 months incarceration, a $5,000 fine, and $8,879 in restitution—is disproportionate and excessive in relation to the three bank robberies for which he was convicted, his claim is without merit. See United States v. Dean, 949 F.Supp. 782, 786 (D.Or.1996) (“Where the amount of restitution is geared directly to the amount of the victim’s loss caused by the defendant’s illegal activity, proportionality is already built into the order.”); see also United States v. Tencer, 107 F.3d 1120, 1135-36 & n. 7 (5th Cir.) (“An order of restitution must be limited to losses caused by the specific conduct underlying the offense of conviction.”), cer t. denied, — U.S.-, 118 S.Ct. 390, 139 L.Ed.2d 305 (1997).

*1372 Butler’s claim that the mandatory imposition of full restitution violates the separation of powers doctrine is similarly without merit. See United States v. Rasco, 123 F.3d 222, 226 (5th Cir.1997) (“The power to fix sentences rests ultimately with the legislative, not the judicial branch of the government and thus the mandatory nature of the punishment ... does not violate the doctrine of separation of powers.”), cert. denied, — U.S. -, 118 S.Ct. 868, 139 L.Ed.2d 765 (1998). Accordingly, Butler’s sentence is AFFIRMED.

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Bluebook (online)

137 F.3d 1371, 1998 WL 138827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-butler-ca5-1998.

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