United States v. Vicki Jean Hix

Appellant pleaded guilty to aiding and abetting bank theft in violation of 18 U.S.C. §§ 2 and 2113. She was given a suspended sentence and three years’ probation under the Federal Youth Corrections Act, 18 U.S.C. § 5010 (a), with restitution as a condition of probation. She contends that restitution is not a permissible condition of probation under the Act.

This case is not controlled by United States v. Bowens, 514 F.2d 440 (9th Cir. 1975). Bowens involved a section 5010(a) probation conditioned upon payment of a fine and restitution. The fine alone invalidated the sentence; the legality of a restitution condition, standing alone, was not before the court.

Bowens and other decisions holding that a sentence under section 5010 may not include a fine rest upon the premise that the Act provides a sentencing alternative under which a youthful offender may be sentenced “to treatment rather than punishment under the applicable penalty provisions provided by law. A combination of rehabilitative treatment and retributive punishment is not intended and is improper.” United States v. Hayes, 474 F.2d 965 (9th Cir. 1973). See United States v. Mollett, 510 F.2d 625, 626 (9th Cir. 1975);…