Duncan v. United States, No. 88-7294

CourtUnited States Supreme Court
Writing for the CourtWHITE
Citation493 U.S. 906,107 L.Ed.2d 214,110 S.Ct. 264
Decision Date10 October 1989
Docket NumberNo. 88-7294
PartiesOvie L. DUNCAN, petitioner, v. UNITED STATES

493 U.S. 906
110 S.Ct. 264
107 L.Ed.2d 214
Ovie L. DUNCAN, petitioner,

v.

UNITED STATES.

No. 88-7294.

Supreme Court of the United States

October 10, 1989

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit.

Denied.

Justice WHITE, dissenting.

This case involves the interpretation of 18 U.S.C. § 3663(a) (1982 ed., Supp. V), which provides that a court may order a defendant convicted under that title to make restitution "to any victim of such offense." Ibid. In this case, the Tenth Circuit read the term "offense" as used in § 3663(a) broadly: the term does not "restrict a sentencing judge to conside[r] only those acts for which conviction was had, or for which the defendant pleaded guilty." 870 F.2d 1532, 1536 (1989). The Sixth Circuit, by contrast, has "adopted a narrow definition of 'offense' holding that '[a] natural construction of this language would require that the defendant make restitution only to victims of the offense for which he was convicted.' " United States v. Mounts, 793 F.2d 125, 127 (1986) (citations omitted). I would grant the petition for a writ of certiorari in order to resolve this conflict.

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60 practice notes
  • Bonin v. Calderon, Nos. 92-56299
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 28, 1995
    ...compel Bonin to identify all possible claims or waive them. See Neuschafer v. Whitley, 860 F.2d 1470, 1482 (9th Cir.1988), cert. denied, 493 U.S. 906, 110 S.Ct. 264, 107 L.Ed.2d 214 (1989). On April 19, 1991, the district court denied the motion. It explained that there was no longer any ri......
  • Campbell v. Blodgett, No. 92-35360
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 8, 1993
    ...373 U.S. 1, 18-19, 83 S.Ct. 1068, 1078-79, 10 L.Ed.2d 148 (1963); Neuschafer v. Whitley, 860 F.2d 1470, 1474 (9th Cir.1988), cert. denied, 493 U.S. 906, 110 S.Ct. 264, 107 L.Ed.2d 214 (1989). A court abuses its discretion when it bases its decision on an erroneous legal conclusion or on a c......
  • Farmer v. McDaniel, No. 95-99016
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 29, 1996
    ...the fact that, at the time the second federal petition was dismissed, Neuschafer v. Whitley, 860 F.2d 1470 (9th Cir.1988), cert. denied, 493 U.S. 906, 110 S.Ct. 264, 107 L.Ed.2d 214 (1989), was the law of the circuit and that under it, a finding of abuse of the writ would not have been just......
  • Hamilton v. Vasquez, Nos. 91-56251
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 3, 1994
    ...On June 21, 1990, following Judge Alarcon's concurring opinion in Neuschafer v. Whitley, 860 F.2d 1470, 1482 (9th Cir.1988), cert. denied, 493 U.S. 906, 110 S.Ct. 264, 107 L.Ed.2d 214 (1989) (Alarcon, J., concurring), the district court ordered Hamilton to file all the unexhausted claims in......
  • Request a trial to view additional results
60 cases
  • Bonin v. Calderon, Nos. 92-56299
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 28, 1995
    ...compel Bonin to identify all possible claims or waive them. See Neuschafer v. Whitley, 860 F.2d 1470, 1482 (9th Cir.1988), cert. denied, 493 U.S. 906, 110 S.Ct. 264, 107 L.Ed.2d 214 (1989). On April 19, 1991, the district court denied the motion. It explained that there was no longer any ri......
  • Campbell v. Blodgett, No. 92-35360
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 8, 1993
    ...373 U.S. 1, 18-19, 83 S.Ct. 1068, 1078-79, 10 L.Ed.2d 148 (1963); Neuschafer v. Whitley, 860 F.2d 1470, 1474 (9th Cir.1988), cert. denied, 493 U.S. 906, 110 S.Ct. 264, 107 L.Ed.2d 214 (1989). A court abuses its discretion when it bases its decision on an erroneous legal conclusion or on a c......
  • Farmer v. McDaniel, No. 95-99016
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 29, 1996
    ...the fact that, at the time the second federal petition was dismissed, Neuschafer v. Whitley, 860 F.2d 1470 (9th Cir.1988), cert. denied, 493 U.S. 906, 110 S.Ct. 264, 107 L.Ed.2d 214 (1989), was the law of the circuit and that under it, a finding of abuse of the writ would not have been just......
  • Hamilton v. Vasquez, Nos. 91-56251
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 3, 1994
    ...On June 21, 1990, following Judge Alarcon's concurring opinion in Neuschafer v. Whitley, 860 F.2d 1470, 1482 (9th Cir.1988), cert. denied, 493 U.S. 906, 110 S.Ct. 264, 107 L.Ed.2d 214 (1989) (Alarcon, J., concurring), the district court ordered Hamilton to file all the unexhausted claims in......
  • Request a trial to view additional results

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