Defendant’s Death Leads to Restitution Abatement

The defendant was sentenced to one year of imprisonment and about $59,000 in restitution. [Disclosure: the Federal Defenders of New York represented the defendant for a time in the district court.]

While his appeal was pending, but after completing his term of imprisonment, the defendant died. His estate had no assets, the victim no longer sought to benefit from restitution, and counsel for both sides consented to vacating the restitution order. Under these particular circumstances, the Circuit abated the restitution order.