Honeycutt v. U.S.

Posted: April 3, 2017 by beguide in case summaries, Criminal Procedure, Fantasy Supreme Court League, Money Money!, Uncategorized, White Skull

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WHAT HAPPENED: Appellant was convicted of selling meth in order to pay off treatment of cancer because apparently selling meth is lucrative.  Appellant was accused of being in a conspiracy with a former student of his with clever catch-phrases with a relative of his who kept all the money they made.  After getting caught, Appellant murdered his brother in law, went into hiding, and returned only to exact revenge on a collection of side characters and murder a warehouse full of Neo-Nazi’s was hit with a $75,0000.00 restitution order that he could not afford, because he never received any of the money that was earned in the conspiracy.

WHY IS THIS BEFORE THE SUPREME COURT:  Joint and several liability is a legal doctrine that states if more than one person is liable for a monetary amount, than each of those people are liable for the amount owed in full.   In other words, if three people are liable for $100K, then each of them could be liable for the full amount, and it does not have to be split in thirds.  Appellant here argues that it is unfair to be joint and severally liable for the restitution order because he did not actually receive the money he is liable for.  The background of the law is that conspiracy defendants are always joint and severally liable, but a weird case out of D.C. has cast doubt on whether that applies universally or if there are exceptions.

WHAT ARE THE RAMIFICATIONS – It is unlikely that the Court is going to strike down all joint and several liability, but more likely that the Court is going to clarify the weird D.C. Court case stated above.  That case in question dealt with millions of dollars in a vast drug dealing conspiracy, so it is both factually and legally distinguishable from the present issue.  Also, the government has argued that removing joint and several liability would make recouping conspiracy funds impossible, since people could just say “I don’t have it”, and give that money to someone else.  For those reasons, should the defendant win somehow, it is more likely to be on a factual nuance in this case, rather than a substantial change in the law.

ROOT FOR HONEYCUTT IF: you feel this case is pretty lame as far as Breaking Bad fan-fiction goes.

ROOT FOR U.S. IF: you know you can’t get blood from a stone, but still like to give it a squeeze.

PREDICTION:  U.S. 8-0

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