JOURNAL ARTICLE

Is Restitution Under the Mandatory Victim Restitution Act a Criminal Penalty for the Purpose of the Constitution's Ex Post Facto Clause?

  • Published In: Preview of United States Supreme Court Cases, 2025, v. 53, n. 1/2. P. 37 1 of 3

  • Database: Criminal Justice Abstracts with Full Text 2 of 3

  • Authored By: Schwinn, Steven D. 3 of 3

Abstract

In December 1995, Holsey Ellingburg Jr. robbed a bank. He was indicted in April 1996 and convicted and sentenced in August that same year. The court sentenced Ellingburg to imprisonment and restitution. Under the law in place at the time of his crime, the Victim and Witness Protection Act, Ellingburg’s restitution obligation expired 20 years after the entry of judgment, in November 2016. But under a law enacted after his crime but before his sentence, the Mandatory Victim Restitution Act, Ellingburg’s restitution obligation would extend to 20 years after his release from imprisonment, in June 2042. After Ellingburg was released from prison in June 2022, the government sought to recoup unpaid restitution under the Mandatory Victim Restitution Act. Ellingburg argued that this violated the Ex Post Facto Clause. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Preview of United States Supreme Court Cases. 2025/10, Vol. 53, Issue 1/2, p37
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:0363-0048
  • Accession Number:192165467
  • Copyright Statement:Copyright of Preview of United States Supreme Court Cases is the property of American Bar Association and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Looking to go deeper into this topic? Look for more articles on EBSCOhost.