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Media Alerts - United States v. Hernandez-11th Circuit
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November 11, 2015
  United States v. Hernandez-11th Circuit
Headline: The Eleventh Circuit holds the imposition of both restitution and forfeiture does not implicate double jeopardy.

Area of Law: Restitution

Issue: Whether the imposition of both restitution and forfeiture judgments for a single offense implicates double jeopardy.

Extended Summary: Appellee Noel Hernandez ("Hernandez") pled guilty to theft of government funds, and the government moved for entry of a forfeiture judgment of $117,659.00. The district court denied the government's motion for forfeiture, but ordered Hernandez to pay restitution in the same amount. On appeal, the government contended that the forfeiture money judgment was required by law. In response, the Appellee argued that the imposition of both forfeiture and restitution violated double jeopardy. The Eleventh Circuit rejected Appellee's double jeopardy argument, stating that both restitution and forfeiture money judgment served different purposes. Additionally, the court noted the parties recovering the forfeiture and restitution were different entities. The Eleventh Circuit vacated and remanded to re-impose Hernandez's sentence to include both a forfeiture money judgment and a restitution order, each in the amount of $117,659.

To view the full opinion: http://media.ca11.uscourts.gov...b/files/201511202.pdf

Panel: Hull, Marcus and William Pryor, Circuit Judges

Date of Issued Opinion: October 19, 2015

Docket Number: 15-11202

Decided: Vacated and Remanded

Case Alert Author: Lizbell Lucero, Evelin Mac Clay, Evan Phoenix, and Daniel Villavisanis

Counsel for Appellant: Nicole M. Andrejko, et al.

Counsel for Appellee: Rosemary Cakmis, et al.

Author of Opinion: Per Curiam

    Posted By: Gary Kravitz @ 11/11/2015 02:30 PM     11th Circuit  

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