Dubose
United States v. Dubose
Opinion
Lead Opinion
Hawkins, J.
We consolidate, for the purposes of this disposition, the sentencing appeals of Antoine Jamar Dean (“Dean”) and Colby Dubose (“Dubose”). Dean pleaded guilty to one count of arson, in violation of 18 U.S.C. § 844 (i), admitting that he intentionally set fire to the Immanuel Christian Fellowship ' Church. Dubose pleaded guilty to bank robbery, in violation of 18 U.S.C. § 2113 (a). Dean was ordered to pay restitution in the amount of $121,403.10 and Dubose in the amount of $4,510.00, both pursuant to the Mandatory Victims Restitution Act of 1996 (“MVRA”), 18 U.S.C. §§ 3663A-3664.
Dean and Dubose both argue that the MVRA’s requirement of full restitution violates the Eighth Amendment’s proscription against excessive monetary sanctions and that the MVRA results in discrimination based on wealth in violation of the guarantee of equal protection of the law. They further contend that the MVRA’s imposition of a restitution obligation enforceable for 20 yeai’s after them release from prison violates the Eighth Amendment’s Cruel and Unusual Punishments Clause. Finally, they argue that the Seventh Amendment requires a jury trial prior to imposition of a substantial restitution debt…