Ellingburg v. United States

Questions presented

SCOTUS records, cert granted 7 Apr 2025

Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.

Opinion summary

Etalia.ai summary of the majority opinion

The Court held that restitution under the Mandatory Victims Restitution Act is criminal punishment for purposes of the Ex Post Facto Clause. Justice Kavanaugh wrote that the Act’s text and structure make that clear because restitution is labeled a penalty for a criminal offense, may be ordered only after a criminal conviction, is imposed at sentencing along with other criminal punishments, and is governed by criminal sentencing provisions and procedures. The Court also relied on its prior cases describing MVRA restitution as part of the sentence and as criminal punishment. Although the Act also serves to compensate victims, that does not change the fact that Congress intended it to punish as well as compensate. The Court reversed the Eighth Circuit and remanded.