United States v. Shane Hymas

MEMORANDUM

Defendants Shane and Laurie Hymas pleaded guilty to one count each of bank fraud in violation of 18 U.S.C. § 1344 . After a sentencing hearing at which the court heard evidence “on the issue of restitution,” the district court took the issue under advisement. Over 521 days later, the district court ordered Shane and Laurie to pay restitution in the amounts of $718,036.51 and $174,363.19, respectively. Defendants appeal that order, arguing that it should be vacated as untimely. Reviewing de novo, United States v. Waknine, 543 F.3d 546, 555 (9th Cir.2008), we agree with defendants and vacate the district court’s order.

The Mandatory Victims Restitution Act (MVRA), 18 U.S.C. § 3663A(a)(1), requires the district court to impose restitution when a defendant is convicted of certain specified crimes. Although the MVRA also requires the district court to make a “final determination” of restitution within 90 days of sentencing, 18 U.S.C. § 3664 (d)(5), a court that misses that 90-day deadline retains authority to order restitution so long as the court “made clear” prior to the deadline’s expiration that it would do so, “leaving open (for more than 90 days) only the amount,”…