United States v. Scott M. Peterson, 268 F.3d 533 (7th Cir. 2001). · Go Syfert
United States v. Scott M. Peterson, 268 F.3d 533 (7th Cir. 2001). Cases Citing This Book View Copy Cite
59 citation events (57 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Allen (ca7, 2008-06-16)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited as authority (quoted) United States v. Allen (2×) also: Cited "see"
7th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
peterson does not contend that the judge's calculation was mistaken; he argues only that the district judge lacked authority to specify any amount.
discussed Cited as authority (quoted) United States v. Allen, Neal K. (2×) also: Cited "see"
7th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
peterson does not contend that the judge's calculation was mistaken; he argues only that the district judge lacked authority to specify any amount.
discussed Cited as authority (quoted) United States v. Martin, Douglas (2×) also: Cited as authority (rule)
7th Cir. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
the whole plea agreement stands, or the whole thing falls.
discussed Cited as authority (quoted) United States v. Douglas Martin, Melvin Alicea, Hector Carrasco, Victor Alicea, and Victor Matias, Jr. (2×) also: Cited as authority (rule)
7th Cir. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
the whole plea' agreement stands, or the whole thing falls.
discussed Cited as authority (rule) United States v. Baker
M.D. Penn. · 2017 · confidence medium
“A plea agreement is a unified document, and even if the district court wanted to it could not accept part and reject part.” United States v. Martin, 287 F.3d 609, 622 (7th Cir. 2002) (citing United States v. Peterson, 268 F.3d 533, 534 (7th Cir. 2001)) (“The whole plea agreement stands, or the whole thing falls.”).
discussed Cited as authority (rule) United States v. Beckham
E.D. Wash. · 2016 · confidence medium
We cannot preserve one part of her bargain—the government’s promise to drop [some] charges'—and discard another— her promise to serve ... sentences on [other] charges.”); United States v. Peterson, 268 F.3d 533, 534 (7th Cir.2001)("The whole plea agreement stands, or the whole thing falls.”); U.S. v. Gibson, 490 F.3d 604, 607-608 (7th Cir.2007)(affirming the voiding of the entire agreement and remanding for further proceedings because "[w]e cannot preserve a plea under Rule 11[ (c)(1)(C) ] but dispose of the sentence.”).
discussed Cited as authority (rule) United States v. Ernest Moore
D.C. Cir. · 2012 · confidence medium
The parties surely were within their rights to write the Plea Agreement as they did because “any means [of establishing the amount due in restitution] acceptable to the defendant is proper.... [And a] defendant may ... delegate the power to the judge.” United States v. Peterson, 268 F.3d 533, 535 (7th Cir.2001).
discussed Cited as authority (rule) United States v. McGee
7th Cir. · 2010 · confidence medium
See 18 U.S.C. § 3663A(a)(2), (3); Hughey v. United States, 495 U.S. 411 , 110 S.Ct. 1979 , 109 L.Ed.2d 408 (1990); United States v. Peterson, 268 F.3d 533, 534 (7th Cir.2001); United States v. Webber, 536 F.3d 584, 601-02 (7th Cir.2008).
discussed Cited as authority (rule) United States v. Anderson (2×) also: Cited "see"
D.C. Cir. · 2008 · confidence medium
The Seventh Circuit has also concluded that parties to a plea agreement need not agree to an amount of restitution under a statute in pari materia, 18 U.S.C. § 3663A(a)(3), which reads, "The court shall also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense.” United States v. Peterson, 268 F.3d 533, 534-35 (7th Cir.2001).
cited Cited as authority (rule) United States v. James R. Gibson
7th Cir. · 2007 · confidence medium
Id. at 765 (citing United States v. Barnes, 83 F.3d 934, 941 (7th Cir.1996); United States v. Peterson, 268 F.3d 533, 534 (7th Cir.2001)).
cited Cited as authority (rule) United States v. Gibson, James R.
7th Cir. · 2007 · confidence medium
Id. at 765 (citing United States v. Barnes, 83 F.3d 934, 931 (7th Cir. 1996); United States v. Peterson, 268 F.3d 533, 534 (7th Cir. 2001)).
cited Cited as authority (rule) United States v. Anderson
D.D.C. · 2007 · confidence medium
The government cites only two cases in support of this proposition — United States v. Peterson, 268 F.3d 533, 535 (7th Cir. 2001), and United States v. Silkowski, 32 F.3d 682, 689 (2d Cir.1994).
discussed Cited as authority (rule) United States v. Kurschner, Stuart G.
7th Cir. · 2007 · confidence medium
It would be frivolous to argue that the district court abused its discretion — which was broadened by the terms of the plea agreement, see United States v. Peterson, 268 F.3d 533, 535 (7th Cir.2001) — by including the $1750 in the restitution amount.
discussed Cited as authority (rule) United States v. Pappas, William
7th Cir. · 2005 · confidence medium
In doing so, the court followed the express agreement of the parties and so Pappas “has no basis for complaint.” United States v. Peterson, 268 F.3d 533, 535 (7th Cir. 2001); see also United States v. Driver, 242 F.3d 767, 770 (7th Cir. 2001) (“When the court does exactly what the defendant wants, the defendant has waived rather than simply forfeited any argument that things should have been done otherwise.”).
discussed Cited as authority (rule) United States v. William Pappas
7th Cir. · 2005 · confidence medium
In doing so, the court followed the express agreement of the parties and so Pappas “has no basis for complaint.” United States v. Peterson, 268 F.3d 533, 535 (7th Cir.2001); see also United States v. Driver, 242 F.3d 767, 770 (7th Cir.2001) (“When the court does exactly what the defendant wants, the defendant has waived rather than simply forfeited any argument that things should have been done otherwise.”).
discussed Cited as authority (rule) United States v. Rand, Daniel D.
7th Cir. · 2005 · confidence medium
How- ever, where a defendant has consented to restitution for specifically charged conduct, the judge may determine the exact amount at a later sentencing hearing, United States v. Peterson, 268 F.3d 533, 534-35 (7th Cir. 2001), and in some cases restitution may be ordered for certain “direct and foreseeable consequence[s]” of a crime, even if the conduct at issue does not constitute an element of the crime itself, United States v. Donaby, 349 F.3d 1046, 1055 (7th Cir. 2003) (allowing restitution for damages caused by police pursuit following a bank robbery).
discussed Cited as authority (rule) United States v. Daniel D. Rand
7th Cir. · 2005 · confidence medium
However, where a defendant has consented to restitution for specifically charged conduct, the judge may determine the exact amount at a later sentencing hearing, United States v. Peterson, 268 F.3d 533, 534-35 (7th Cir.2001), and in some cases restitution may be ordered for certain “direct and foreseeable consequence[s]” of a crime, even if the conduct at issue does not constitute an element of the crime itself, United States v. Donaby, 349 F.3d 1046, 1055 (7th Cir.2003) (allowing restitution for damages caused by police pursuit following a bank robbery).
discussed Cited as authority (rule) United States v. Bradley, Jonathan
7th Cir. · 2004 · signal: cf. · confidence medium
See id. at 941 (“If we rule that some provision of the plea agreement is invalid, we must discard the entire agreement and require [the defendant] and the government to begin their bargain- ing all over again.”); cf. United States v. Peterson, 268 F.3d 533, 534 (7th Cir. 2001) (noting that “[t]he whole plea agreement stands, or the whole thing falls,” in response to a defendant’s argument regarding the validity of a restitu- tion order imposed pursuant to a plea agreement).
discussed Cited as authority (rule) United States v. Jonathan Bradley
7th Cir. · 2004 · signal: cf. · confidence medium
See id. at 941 (“If we rule that some provision of the plea agreement is invalid, we must discard the entire agreement and require [the defendant] and the government to begin their bargaining all over again.”); cf. United States v. Peterson, 268 F.3d 533, 534 (7th Cir.2001) (noting that “[t]he whole plea agreement stands, or the whole thing falls,” in response to a defendant’s argument regarding the validity of a restitution order imposed pursuant to a plea agreement).
discussed Cited as authority (rule) United States v. Donaby, Antonio A.
7th Cir. · 2003 · confidence medium
This is not an in- 5 See Randle, 324 F.3d at 557-58 (refusing to allow restitution for victims of fraudulent activity because the defendant pled guilty to only one of four counts and did not clearly agree in his plea agreement to pay restitution to specific persons not affected by that particular count); United States v. Peterson, 268 F.3d 533, 534-35 (7th Cir. 2001) (upholding the restitution order and plea agreement under 18 U.S.C. § 3663A(a)(3) where the defendant specifically consented in the agreement to pay for “all losses covered by the same course of conduct or common scheme,” eve…
discussed Cited as authority (rule) United States v. Antonio Donaby
7th Cir. · 2003 · confidence medium
See Randle, 324 F.3d at 557-58 (refusing to allow restitution for victims of fraudulent activity because the defendant pled guilty to only one of four counts and did not clearly agree in his plea agreement to pay restitution to specific persons not affected by that particular count); United States v. Peterson, 268 F.3d 533, 534-35 (7th Cir.2001) (upholding the restitution order and plea agreement under 18 U.S.C. § 3663A(a)(3) where the defendant specifically consented in the agreement to pay for "all losses covered by the same course of conduct or common scheme,” even though the precise amo…
discussed Cited "see" United States v. Morgan
D.D.C. · 2025 · signal: see · confidence high
Resp., ECF No. 220, at 4 n.1; see United States v. Peterson, 268 F.3d 533, 535 (7th Cir. 2001) (where the defendant agreed to make restitution to victims and agreed that “the district judge could make decisions that proved necessary to implement this choice”).
cited Cited "see" United States v. Printz
7th Cir. · 2015 · signal: see · confidence high
See United States v. Peterson, 268 F.3d 533, 534-35 (7th Cir.2001) (concluding that defendant’s plea agreement gave district court authority to decide all matters concerning restitution).
discussed Cited "see" United States v. Robert Printz
7th Cir. · 2015 · signal: see · confidence high
See United States v. Peterson, 268 F.3d 533 , 534–35 (7th Cir. 2001) (concluding that defendant’s plea agreement gave district court authority to decide all matters concerning restitution).
cited Cited "see" United States v. Sloan
7th Cir. · 2007 · signal: see · confidence high
See United States v. Peterson, 268 F.3d 533, 534 (7th Cir.2001).
cited Cited "see" United States v. Sloan, Keith
7th Cir. · 2007 · signal: see · confidence high
See United States v. Peterson, 268 F.3d 533, 534 (7th Cir. 2001).
cited Cited "see" United States v. Lewis, Anthony W.
7th Cir. · 2005 · signal: see · confidence high
See United States v. Peterson, 268 F.3d 533, 534 (7th Cir.2001).
cited Cited "see" United States v. James R. Gibson
7th Cir. · 2004 · signal: see · confidence high
See United States v. Peterson, 268 F.3d 533, 534 (7th Cir.2001).
cited Cited "see" United States v. Gibson, James R.
7th Cir. · 2004 · signal: see · confidence high
See United States v. Peterson, 268 F.3d 533, 534 (7th Cir. 2001).
discussed Cited "see, e.g." United States v. Williams
10th Cir. · 2021 · signal: see also · confidence medium
Id. at 1179 (citation omitted) (ruling in a case in which the defendant stipulated to a smaller amount of restitution than the court ordered); see also United States v. Sukhtipyaroge, 1 F.4th 603, 606 (8th Cir. 2021) (ruling in a visa-fraud case that by expressly agreeing that a person “was entitled to at least some restitution as an ‘identifiable victim,’ [the defendant] cannot now make the exact opposite 8 In United States v. Peterson, 268 F.3d 533, 534 (7th Cir. 2001) (Easterbrook, J.), the court addressed a similar claim from a defendant who on appeal “sings a different tune.” Af…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Scott M. PETERSON, Defendant-Appellant
01-1597.
Court of Appeals for the Seventh Circuit.
Oct 9, 2001.
268 F.3d 533
Daniel J. Graber (argued), Peggy A. Lautenschlager, Office of the U.S. Atty., Madison, WI, for Plaintiff-Appellee., Robert K. O’Reilly (argued), Milwaukee, WI, for Defendant-Appellant.
Easterbrook, Wood, Williams.
Cited by 42 opinions  |  Published
3 passages pin-cited by 4 cases
Pinpoint authority: #9,169 of 633,719
Citer courts: Seventh Circuit (4)
EASTERBROOK, Circuit Judge.

As part of his plea agreement in this bank-fraud prosecution, Scott Peterson promised to pay restitution for “all losses relating to the offense of conviction and all[*534] losses covered by the same course of conduct or common scheme or plan as the offense of conviction.” (Emphasis added.) Normally restitution is limited to loss caused by the offense of conviction. See 18 U.S.C. § 3663A(a); Hughey v. United States, 495 U.S. 411, 110 S.Ct. 1979, 109 L.Ed.2d 408 (1990); United States v. Behrman, 235 F.3d 1049 (7th Cir.2000); United States v. Martin, 195 F.3d 961, 968 (7th Cir.1999). But “[t]he court shall also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense.” 18 U.S.C. § 3663A(a)(3). This clause in Peterson’s plea agreement is designed to exercise the option under subsection (a)(3). In exchange for promising extra restitution, Peterson received concessions. The prosecutor dismissed four of the six counts in the indictment, and the district judge imposed a sentence of only 14 months’ imprisonment, together with an order requiring Peterson to pay $53,491.87 to four lenders. Peterson did not object.

In this court he sings a different tune, contending that the district judge lacked authority to order restitution other than with respect to the two counts of conviction. Peterson insists that the plea agreement is not a valid implementation of § 3663A(a)(3). It is not clear that he understands the principal implication of this position: that his plea must be set aside, the four dismissed counts reinstated, and the prosecution resumed in the district court. He appears to believe that he can have the benefits of the plea agreement (four counts dismissed, reduced time in prison) without the detriments. That’s not an option. The whole plea agreement stands, or the whole thing falls. See United States v. Wenger, 58 F.3d 280 (7th Cir.1995). Peterson may find four more convictions and extra time in prison a steep price to pay — especially since reinstating the extra four counts could support the full award of restitution without regard to any agreement under § 3663A(a)(3), and then Peterson would not achieve even his immediate aim of reducing the financial component of this judgment. It is unnecessary to pursue this, however, because there is no problem with the restitution order. Resolving the appeal in this fashion also makes it unnecessary to decide whether the failure to object in the district court should be viewed as a waiver or only as a forfeiture. Compare United States v. Harris, 230 F.3d 1054 (7th Cir .2000), and United States v. Richardson, 238 F.3d 837 (7th Cir.2001), with United States v. Williams, 258 F.3d 669 (7th Cir.2001).

The full text of the plea agreement’s provision for restitution reads:

The defendant agrees to pay restitution for all losses relating to the offense of conviction and all losses covered by the same course of conduct or common scheme or plan as the offense of conviction. The exact restitution figure will be agreed upon by the parties prior to sentencing or, if the parties are unable to agree upon a specific figure, restitution will be determined by the Court at sentencing.

Negotiations between the plea and the sentencing did not yield agreement on a specific figure. The district judge therefore computed an amount, as the agreement provided. Peterson does not contend that the judge’s calculation was mistaken; he argues only that the district judge lacked authority to specify any amount. He asks us to read § 3663A(a)(3) as applicable only when the defendant himself specifies both the additional victims and the precise amount of restitution to be paid. It is not possible to delegate power to the court, Peterson insists.

[*535] Nothing in § 3663A(a)(3) prescribes how a defendant may exercise the option to make restitution to persons other than the victims of the crimes of conviction. Peterson believes that this openendedness, combined with the Rule of Lenity, equals a requirement that the victims and amounts be written into the plea agreement. This seems backward. Why would the lack of detail in the statute lead to the conclusion that only one means of giving assent is lawful? It makes more sense to infer from the lack of detail in the statute that any means acceptable to the defendant is proper. It is the defendant’s choice, after all. A defendant may volunteer details, or agree with the prosecutor on a formula, or delegate the power to the judge.

Defendants cannot be helped by rules cutting off options they find useful (including an option that this defendant did find useful). If the final amount of restitution must be specified in the plea agreement, then it may prove impossible for the parties to reach agreement (or for the defendant to obtain concessions in exchange for his promise). Plea agreements are negotiated well in advance of the presentence report, and prosecutors understandably would be reluctant to sign off on a deal whose final dollar amounts were set before the probation office collected details that usually are helpful in understanding the full scope of the defendant’s wrongful conduct. Put to a choice between final details in the plea agreement, and no deal, the result often would be no deal — to the detriment of defendants and prosecutors alike.

Defendants are free to waive both statutory and constitutional rights in the course of criminal prosecutions. See, e.g., Bousley v. United States, 523 U.S. 614, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998); United States v. Mezzanatto, 513 U.S. 196, 115 S.Ct. 797, 130 L.Ed.2d 697 (1995); United States v. Broce, 488 U.S. 563, 109 S.Ct. 757, 102 L.Ed.2d 927 (1989); Mabry v. Johnson, 467 U.S. 504, 508, 104 S.Ct. 2543, 81 L.Ed.2d 437 (1984). Even if § 3663A(a)(3) favored full details in the plea agreement (which it does not), a defendant could waive that entitlement and choose a different method. Peterson did just this: he agreed to make restitution to all victims of his entire course of conduct, and agreed further that the district judge could make decisions that proved necessary to implement this choice. The district court did no more than Peterson had agreed it could. He has no basis for complaint.

Affirmed.