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8th Circuit decides N.D. case Friday, September 9, 2022

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota case.

In United States v. Evans the court explained that defendant owes restitution to the victim of his pornography offense, and the government filed a turnover motion after defendant received his CARES Act stimulus payment; the district court erred in ordering the turnover of $2,084 without first determining the source of the funds in defendant's inmate trust account and determining whether they were substantial resources - see U.S. v. Kidd, 23 F.4th 781, 783 (8th Cir. 2022); the court held that, given a prima facie showing that the victim had been fully compensated for the loss proximately caused by defendant's offense, the district court erred in denying him a hearing on the issue of whether the restitution obligation was fully satisfied; on remand the district court must determine whether the victim has been fully compensated for the trafficking losses proximately caused by defendant's offense; if she has, his liability must be terminated.

Read the court's opinion at