Challenging Restitution Orders After Supreme Court Decision

ellingburg restitution is-criminal penalty supreme court

In a unanimous decision on January 20, 2026, the Supreme Court fundamentally altered the landscape of federal sentencing. By ruling in Ellingburg v. U.S. that restitution is “plainly criminal punishment,” the Court has opened the door to significant due process challenges. In this article, originally published in Law360, we explore why the “Wild West” of restitution is over and how defense counsel can use this ruling to demand jury findings and stricter evidentiary standards.

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Ellingburg Supreme Court Decision Infographic: The New Ellingburg Rule Explained

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The Supreme Court’s recent ruling in Ellingburg v. U.S. has complex implications for every federal criminal case involving financial loss. To help you visualize this seismic shift, we’ve created a new infographic: “The New Ellingburg Rule Explained.” This visual guide maps out the transition of restitution from a civil remedy to a criminal penalty, highlighting the new “Apprendi dominoes” that defense counsel can leverage to demand jury findings and higher standards of proof.

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SentencingStats.com Co-Founders to Guest Lecture at Harvard Law School

SentencingStats.com, a leader in federal sentencing and prison analytics, today announced its acceptance into NVIDIA Inception, an exclusive accelerator supporting startups at the forefront of artificial intelligence, data science, and high-performance computing. This partnership underscores SentencingStats’ commitment to transforming federal sentencing into a more equitable and transparent process through advanced machine learning capabilities.

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