Legal Opinion

State of Minnesota v. Emile Rey

Court of Appeals of Minnesota

Decided January 9, 2017No. A16-198Published

1Opinion of the Court

OPINION

MUEHLBERG,Judge *

Appellant Emile .Rey challenges his obligation to pay restitution in the amount of $66,000, arguing that: the identity-theft statute, which authorized the district court to order restitution, violates his substantive and procedural due-process rights; the district court abused its discretion because it failed to consider his ability to pay restitution; and the restitution amounted to an unconstitutional fíne. We affirm.

FACTS

Rey pleaded' guilty to one count of identity theft involving more than eight direct victims. See Minn. Stat. § 609.527, subds. 2, 3(5) (2014).- He…

2Cases cited27 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. County of Sacramento v. LewisSupreme Court of the United States · 1998
  4. Washington v. GlucksbergSupreme Court of the United States · 1997
  5. United States v. KnightsSupreme Court of the United States · 2001

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