USA v. Kirkwood
Split Score
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Case Summary
Disposition
Vacated
The Fifth Circuit vacated a district court order requiring robbery defendant James Anthony Kirkwood to pay $8,000 in restitution to a victim for mental anguish and lost wages. Interpreting the Mandatory Victims Restitution Act, the court held that restitution for psychological harm or related lost income is permissible only when the crime caused a physical bodily injury, which the victim here did not suffer.
Circuit Split Identified
Legal Issue
Whether the Mandatory Victims Restitution Act (18 U.S.C. § 3663A) allows restitution for purely psychological or mental-anguish injuries (including related lost income) when the victim suffered no physical 'bodily injury.'
Circuit Positions
MVRA requires a physical/bodily injury; restitution for mental anguish or related lost income is not authorized without such bodily injury.
Restitution for purely psychological injuries can be ordered under the MVRA because 'bodily injury' may include mental trauma.
Conflict Summary
Most circuits interpret § 3663A(b)(2) to require a physical or bodily injury before restitution may be ordered for medical costs, psychological treatment, or lost income, thereby excluding restitution for purely mental harms. The Seventh Circuit, however, has held that awarding restitution for mental trauma alone is at least permissible and not plainly erroneous, reading 'bodily injury' to encompass impairment of mental faculties.