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United States v. Kukstis

United States District Court, D. Massachusetts

December 19, 2018

UNITED STATES of AMERICA
v.
JOSEPH T. KUKSTIS, Defendant.

          ORDER ON RESTITUTION

          F. Dennis Saylor IV United States District Judge.

         On August 23, 2018, defendant Joseph Kukstis pleaded guilty to three counts of cyberstalking in violation of 18 U.S.C. § 2261A(2)(B). On November 20, 2018, the Court entered judgment and sentenced him to prison for a term of 41 months on all counts, to be served concurrently, followed by a term of supervised release for three years with various conditions. A restitution hearing was held on December 17, 2018.

         If the crime involves an identifiable victim, an order of restitution is normally mandatory in federal sentencing proceedings. 18 U.S.C. §§ 3663, 3663A. For crimes involving domestic violence and stalking, a separate statute, 18 U.S.C. § 2264, applies. That statute provides, in relevant part:

(a) In general.- Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
(b) Scope and nature of order.-
(1) Directions.- The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).
(2) Enforcement.- An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
(3) Definition.- For purposes of this subsection, the term “full amount of the victim's losses” includes any costs incurred by the victim for-
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(E) attorneys' fees, plus any costs incurred in obtaining a civil protection order; and
(F) any other losses suffered by the victim as a proximate result of the offense.
(4) Order mandatory.-
(A) The issuance of a restitution order under this section is mandatory.
(B) A court may not decline to issue an order under this section because of . . . the economic circumstances of ...

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