Federal Judiciary

United States v. Mammedov, No. 06-2971-cr., 2008 WL 5411080 (2d Cir. Dec. 30, 2008)

Notwithstanding his undisputed lack of financial resources and inability to pay, the district court in Mammedov failed to provide a restitution schedule for a $325,000 award of restitution, thereby implicitly ordering that Mammedov pay the amount immediately.  Indeed, the district court imposed that restitution obligation apparently for "symbolic" reasons.  On appeal, the Second Circuit held that "requiring the immediate payment of restitution when nothing suggests that a defendant can pay such restitution constitutes an abuse of discretion."  Thus, the Second Circuit remanded the case so that the district court could fashion a payment schedule.