United States v. Tyrus Simon Follet

Tyrus Follet, a resident of the Fort Peck Indian Reservation in Montana, had a two-year, intermittent sexual relationship with his niece, beginning when she was approximately 14 years old. After she complained of his behavior to a school counselor, Follet was indicted for sexual abuse of a minor. He pleaded guilty. Before Follet was sentenced, the victim sought and received psychological counseling from the Fort Peck Tribes Crisis Center, a government-funded facility that provides its services to eligible clients at no cost to them.

The district court sentenced Follet to eighteen months imprisonment and-as relevant here-ordered him to (1) pay $835.60 in restitution to the Crisis Center and (2) pay the victim’s future counseling costs, should any be incurred. Follet challenges both aspects of the restitution order as contrary to the governing statutes, the first because the past services were provided at no cost to the victim, and the second because the need for and amount of any future services were not established.

This court reviews de novo the legality of a restitution order. United States v. Stoddard, 150 F.3d 1140, 1147 (9th Cir.1998). We agree with the defendant that the…