Restitution

(a) In the case of an identifiable victim, the court shall— (1) enter a restitution order for the full amount of the victim’s loss, if such order is authorized under 18 U.S.C. § 1593, § 2248, § 2259, § 2264, § 2327, § 3663, or § 3663A, or 21 U.S.C. § 853(q); or (2) impose a term of probation or supervised release with a condition re- quiring restitution for the full amount of the victim’s loss, if the of- fense is not an offense for which restitution is authorized under 18 U.S.C. § 3663(a)(1) but otherwise meets the criteria for an order of restitution under that section. (b) Provided, that the provisions of subsection (a) do not apply— (1) when full restitution has been made; or (2) in the case of a restitution order under 18 U.S.C. § 3663; a restitution order under 18 U.S.C. § 3663A that pertains to an offense against property described in 18 U.S.C. § 3663A(c)(1)(A)(ii); or a condition of restitution imposed pursuant to subsection (a)(2) above, to the extent the court finds, from facts on the record, that (A) the number of iden- tifiable victims is so large as to make restitution impracticable; or (B) determining complex issues of fact related to the cause or amount of the victim’s losses would complicate or prolong the sentencing pro- cess to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process. (c) If a defendant is ordered to make restitution to an identifiable victim and to pay a fine, the court shall order that any money paid by the defendant shall first be applied to satisfy the order of restitution. (d) In a case where there is no identifiable victim and the defendant was con- victed under 21 U.S.C. § 841, § 848(a), § 849, § 856, § 861, or § 863, the court, taking into consideration the amount of public harm caused by the offense and other relevant factors, shall order an amount of community restitution not to exceed the fine imposed under §5E1.2. (e) A restitution order may direct the defendant to make a single, lump sum payment, partial payments at specified intervals, in-kind payments, or a combination of payments at specified intervals and in-kind payments. See 18 U.S.C. § 3664(f)(3)(A). An in-kind payment may be in the form of 446 ║ Guidelines Manual (November 1, 2024) §5E1.1 (1) return of property; (2) replacement of property; or (3) if the victim agrees, services rendered to the victim or to a person or organization other than the victim. See 18 U.S.C. § 3664(f)(4). (f) A restitution order may direct the defendant to make nominal periodic pay- ments if the court finds from facts on the record that the economic circum- stances of the defendant do not allow the payment of any amount of a res- titution order and do not allow for the payment of the full amount of a restitution order in the foreseeable future under any reasonable schedule of payments. (g) Special Instruction (1) This guideline applies only to a defendant convicted of an offense com- mitted on or after November 1, 1997. Notwithstanding the provisions of §1B1.11 (Use of Guidelines Manual in Effect on Date of Sentenc- ing), use the former §5E1.1 (set forth in Appendix C, amendment 571) in lieu of this guideline in any other case. Application Note: Commentary 1. The court shall not order community restitution under subsection (d) if it appears likely that such an award would interfere with a forfeiture under chapter 46 or 96 of title 18, United States Code, or under the Controlled Substances Act (21 U.S.C. § 801 et seq.). See 18 U.S.C. § 3663(c)(4). Furthermore, a penalty assessment under 18 U.S.C. § 3013 or a fine under subchapter C of chap- ter 227 of title 18, United States Code, shall take precedence over an order of community resti- tution under subsection (d). See 18 U.S.C. § 3663(c)(5). Background: Section 3553(a)(7) of title 18, United States Code, requires the court, “in determining the particular sentence to be imposed,” to consider “the need to provide restitution to any victims of the offense.” Orders of restitution are authorized under 18 U.S.C. §§ 1593, 2248, 2259, 2264, 2327, 3663, and 3663A, and 21 U.S.C. § 853(q). For offenses for which an order of restitution is not author- ized, restitution may be imposed as a condition of probation or supervised release. Subsection (d) implements the instruction to the Commission in section 205 of the Antiterrorism and Effective Death Penalty Act of 1996. This provision directs the Commission to develop guidelines for community restitution in connection with certain drug offenses where there is no identifiable victim but the offense causes “public harm.” To the extent that any of the above-noted statutory provisions conflict with the provisions of this guideline, the applicable statutory provision shall control. Historical Note Effective November 1, 1987. Amended effective January 15, 1988 (amendment 53); November 1, 1989 (amendments 278, 279, and 302); November 1, 1991 (amendment 383); November 1, 1993 (amendment 501); November 1, 1995 (amendment 530); November 1, 1997 (amendment 571); May 1, 2001 (amendment 612); November 1, 2001 (amendment 627); November 1, 2023 (amendment 824). Guidelines Manual (November 1, 2024) ║ 447 §5E1.2