United States v. Hayes, 32 F.3d 171 (5th Cir. 1994). · Go Syfert
United States v. Hayes, 32 F.3d 171 (5th Cir. 1994). Cases Citing This Book View Copy Cite
“restitution is a criminal penalty and a component of the defendant's sentence.”
43 citation events (32 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Jacqualine Crawley (ca5, 2012-03-06)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Jacqualine Crawley
5th Cir. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
restitution is a criminal penalty and a component of the defendant's sentence.
cited Cited as authority (rule) United States v. West
5th Cir. · 2025 · confidence medium
Because criminal restitution is a form of “penalty,” United States v. Hayes, 32 F.3d 171, 172 (5th Cir. 1994), it is natural to include resti- tution in that section.
cited Cited as authority (rule) United States v. Traion Bailey
5th Cir. · 2020 · confidence medium
United States v. Hayes, 32 F.3d 171, 172 (5th Cir. 1994).
cited Cited as authority (rule) United States v. Lendell Beacham
5th Cir. · 2014 · confidence medium
Id. (quoting United States v. Hayes, 32 F.3d 171, 173 (5th Cir.1994)).
cited Cited as authority (rule) Luis Rodriguez-Vargas v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
Our settled law confirms that restitution “is a criminal penalty and a component of the defendant’s sentence.” United States v. Hayes, 32 F.3d 171, 172 (5th Cir. 1994).
cited Cited as authority (rule) Luis Rodriguez-Vargas v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
Our settled law confirms that restitution “is a criminal penalty and a component of the defendant’s sentence.” United States v. Hayes, 32 F.3d 171, 172 (5th Cir.1994).
examined Cited as authority (rule) United States v. Espinoza (4×) also: Cited "see, e.g."
5th Cir. · 2012 · confidence medium
Id. 14 . 32 F.3d 171, 172 (5th Cir.1994). 15 .
discussed Cited as authority (rule) United States v. Edgar Narvaez
5th Cir. · 2011 · confidence medium
Narvaez nonetheless waived his right to challenge his sentence “on any ground,” and we have long held that “[r]estitution is a criminal penalty and a component of the defendant’s sentence.” United States v. Hayes, 32 F.3d 171, 172 (5th Cir. 1994).
discussed Cited as authority (rule) United States v. Edgar Narvaez
5th Cir. · 2011 · confidence medium
Narvaez nonetheless waived his right to challenge his sentence "on any ground,” and we have long held that "[Restitution is a criminal penalty and a component of the defendant's sentence.” United States v. Hayes, 32 F.3d 171, 172 (5th Cir.1994).
discussed Cited as authority (rule) United States v. Acosta
1st Cir. · 2002 · confidence medium
See, e.g., United States v. Silkowski, 32 F.3d 682, 689 (2d Cir.1994) (noting that defendant must pay restitution only for losses “directly caused by conduct within the temporal limits of the offense of conviction”); United States v. Bailey, 975 F.2d 1028, 1033 (4th Cir.1992) (upholding restitution award to investors not mentioned in indictment and distinguishing Hughey where the offense of “defrauding investors of monies in excess of fifteen million dollars” was “defined broadly in the indictment”); see also United States v. Pepper, 51 F.3d 469, 473 (5th Cir.1995) (holding the dat…
discussed Cited as authority (rule) United States v. Akande
3rd Cir. · 1999 · confidence medium
See, e.g., Hensley, 91 F.3d at 277-78 (looking to "duration" and "timing" of the offense of conviction); United States v. Silkowski, 32 F.3d 682, 689 (2d Cir. 1994) (losses "directly caused by conduct within the temporal limits of the offense of conviction"); United States v. Hayes, 32 F.3d 171, 173 (5th Cir. 1994) (no restitution for losses incurred in period before date of offense of conviction); United States v. Langer, 962 F.2d 592, 601 (7th Cir. 1992) (indictment described "specific dates").
discussed Cited as authority (rule) United States v. Taiwo Adeshola Akande
3rd Cir. · 1999 · confidence medium
See, e.g., Hensley, 91 F.3d at 277-78 (looking to “duration” and “timing” of the offense of conviction); United States v. Silkmuski, 32 F.3d 682, 689 (2d Cir.1994) (losses “directly caused by conduct within the temporal limits of the offense of conviction”); United States v. Hayes, 32 F.3d 171, 173 (5th Cir.1994) (no restitution for losses incurred in period before date of offense of conviction); United States v. Lunger, 962 F.2d 592, 601 (7th Cir.1992) (indictment described “specific dates”).
discussed Cited as authority (rule) United States v. Mancillas
5th Cir. · 1999 · confidence medium
United States v. Chaney, 964 F.2d 437, 451 (5th Cir.1992). 5 . 32 F.3d 171, 173 (5th Cir.1994). 6 .The Anti-terrorism Effective Death Penalty Act amended the already-existing VWPA ( 18 U.S.C. § 3663 ) and created the new MVRA (18 U.S.C. § 3663A). 7 . 147 F.3d 423 (5th Cir.1998). 8 .
discussed Cited as authority (rule) United States v. Rose
5th Cir. · 1998 · confidence medium
Given our holding in Com, however, and our subsequent cases which hold that restitution is, at least in part, penal in nature, see United States v. Mmahat, 106 F.3d 89, 92 (5th Cir.), cert. denied, - U.S. -, 118 S.Ct. 136 , 139 L.Ed.2d 84 (1997) (holding that any- form of restitution has both compensatory and penal aspects); United States v. Hayes, 32 F.3d 171, 172 (5th Cir.1994) ("Restitution is a criminal penalty and a component of the defendant's sentence.”), we cannot adopt this reasoning.
cited Cited as authority (rule) United States v. Tencer
5th Cir. · 1997 · confidence medium
United States v. Hayes, 32 F.3d 171, 172 (5th Cir. 1994).
cited Cited as authority (rule) United States of America, Plaintiff-Appellee-Cross-Appellant v. Steven B. Tencer and Ronald Lazar, Defendants-Appellants-Cross-Appellees
5th Cir. · 1997 · confidence medium
United States v. Hayes, 32 F.3d 171, 172 (5th Cir.1994).
discussed Cited "see" MOHAMED
Okla. · 2017 · signal: see · confidence high
See United States v. Hayes, 32 F.3d 171, 172 (5th Cir. 1994) (stating that “[r]estitution is a criminal penalty”); Matter of Cabrera, 24 I&N Dec. 459 , 460−62 (BIA 2008) (holding that the imposition of costs and surcharges in conjunction with a withheld adjudication under Florida law constitutes a “penalty” or “punishment” within the meaning of section 101(a)(48)(A)).
cited Cited "see" United States v. Jacqualine Crawley
5th Cir. · 2012 · signal: see · confidence high
See United States v. Hayes, 32 F.3d 171, 172 (5th Cir.1994) (“Restitution is a criminal penalty and a component of the defendant’s sentence.”).
cited Cited "see" United States v. Hickman
5th Cir. · 2003 · signal: see · confidence high
See United States v. Hayes, 32 F.3d 171, 173 (5th Cir.1994).
cited Cited "see" United States v. Hickman
5th Cir. · 2003 · signal: see · confidence high
See United States v. Hayes, 32 F.3d 171, 173 (5th Cir. 1994).
discussed Cited "see, e.g." United States v. Willie James Blake, Jr.
4th Cir. · 1996 · signal: see also · confidence medium
As a result, the *507 loss to the robbery victims was not caused by Blake’s offense of conviction. 7 See Broughton-Jones, 71 F.3d at 1149 ; Ledesma, 60 F.3d at 751 ; see also United States v. Hayes, 32 F.3d 171, 173 (5th Cir.1994); United States v. Cobbs, 967 F.2d 1655 , 1558-59 (11th Cir.1992).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Patrick Carl HAYES, Defendant-Appellant
93-02472.
Court of Appeals for the Fifth Circuit.
Sep 1, 1994.
32 F.3d 171
Dola J. Young, Asst. Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Houston, TX, for appellant., Michael Clark, Paula C. Offenhauser, James L. Turner, Asst. U.S. Attys., Gaynelle Griffin Jones, U.S. Atty., Houston, TX, for appellee.
Garza, Demoss, Parker.
Cited by 24 opinions  |  Published
ROBERT M. PARKER, Circuit Judge:

Appellant Patrick Carl Hayes (“Hayes”) appeals that portion of his sentence requiring him to pay restitution. Having concluded that the district court erred in ordering restitution in this case, we will vacate the order of restitution, and remand the case to the District Court for resentencing.

FACTS

Hayes was charged in a three count indictment with possession of stolen mail; specifically, possession of three credit cards which had been stolen from the United States mail in violation of 18 U.S.C. § 1708. Hayes pleaded guilty to all three counts, was sentenced to six months imprisonment and was ordered to make $3,255.01 in restitution to the credit card companies. The restitution represents the amounts that were charged to the credit cards between January and March of 1989. Hayes was charged with and convicted of possession of the cards “on or about” March 31, 1989, the date that Hayes was arrested with the cards in his possession. The cards had been mailed by the credit card companies, but were never received by the credit card customers. Hayes claimed that he had purchased the cards from an acquaintance and had not yet used them, although he admitted that he intended to use them in the future. There was evidence that several of the charges had been made at the service station where Hayes worked.

DISCUSSION

Restitution is a criminal penalty and a component of the defendant’s sentence. Consequently, this Court reviews the restitution order de novo. United States v. Chaney, 964 F.2d 437, 451 (5th Cir.1992).

Hayes’ restitution was ordered pursuant to the Victim and Witness Protection Act, 18 U.S.C. § 3663, (VWPA) which provides in pertinent part:

The court, when sentencing a defendant convicted of an offense under this title ... may order, in addition to or ... in lieu of any other penalty authorized by law, that the defendant make restitution to any victim of such offense.

18 U.S.C. § 3663(a)(1) (1988) (the version in effect at the time of Hayes’ sentencing). An order of restitution must be based on the conduct for which the defendant was convicted, because the Supreme Court held in Hughey v. United States, 495 U.S. 411, 110 S.Ct. 1979, 109 L.Ed.2d 408 (1990) that “Congress intended restitution to be tied to the loss caused by the offense of conviction.” Id. at 412, 110 S.Ct. at 1981. See also, United States v. Chaney, 964 F.2d 437, 451 (5th Cir.1992) (“Restitution under the Victim and Witness Protection Act (VWPA) is limited to losses caused by the specific conduct that is the basis of the offense of conviction.”)

Hayes pleaded guilty to an indictment charging him with mere possession on one day, not with conduct or a scheme that resulted in losses to any victims. The indictment did not charge him with being in possession of the cards during the three month period when the charges were made, and[*173] none of the charges occurred on the day named in his indictment.

The Government concedes that restitution under the VWPA is limited to losses caused by the specific conduct that is the basis of the offense of conviction. They then attempt to argue that the credit card companies’ losses stem from Hayes’ actions. The theft of the cards prevented the credit card companies from recovering the charged amounts from the customers they were issued to, and the Government contends that Hayes’ purchase of the stolen cards prevented the credit card companies from identifying and collecting the amounts due from the person who stole the cards.

This position seems similar to the argument that the Government made successfully in United States v. Rollins, 14 F.3d 53 (5th Cir.1994). In that case, this Court, in an unpublished opinion, declined to disturb a district court’s restitution order where the defendant was convicted of violating 18 U.S.C. § 2321 by buying and receiving with intent to sell or otherwise dispose of a vehicle, knowing that the vehicle identification number had been altered. The defendant argued that any loss incurred was caused solely by the initial theft of the vehicle, an offense for which the defendant was not charged or convicted. This Court, however, held that the district court was entitled to conclude that Rollins’ actions constituted a continuation of the scheme to steal the vehicle, because the specific conduct upon which the offense was based was his buying a van with knowledge that it had been stolen, altering its VIN, and selling it to an innocent purchaser. The case before us is distinguishable from Rollins, in that Rollins’ victim’s loss resulted directly from the conduct for which he was convicted. Hayes was convicted only of possession of stolen mail, which offense does not include any element of use or attempted use of the credit cards. The credit card companies suffered loss not from Hayes’ possession of the cards, but from the unauthorized charges made to the cards, which Hayes was not charged with and not convicted of.

"While the Fifth Circuit has not had a previous occasion to decide this issue, the Eleventh Circuit, when confronted with a similar question, held that a conviction for possession of 89 unauthorized access devices could not support a restitution award because “there was no loss caused by [the defendant’s] mere possession of the access devices. It was only [the defendant’s] use of the devices that resulted in loss to the victims.” United States v. Cobbs, 967 F.2d 1555, 1559 (11th Cir.1992).

We are persuaded that the Eleventh Circuit is correct. The credit card companies’ losses were not caused by the conduct for which Hayes was convicted. Therefore, the restitution imposed by the district court is not authorized under VWPA.

CONCLUSION

Since the order for restitution represents only one component of the sentencing court’s balance of sanctions, the entire sentence is VACATED and the case is REMANDED for resentencing.