In United States v. Hankins, --- F.3d ---, No. 15-30345 (9th Cir. 2017), the Court considered whether
a defendant may discharge a restitution judgment based on a
private settlement with the victim.
"The answer is no—restitution is a criminal sentence that
cannot be extinguished by a victim’s disclaimer of benefits."
The Court also determined that "a district court may redirect
restitution payments to the federal Crime Victims Fund,
42 U.S.C. § 10601 et seq., (“the Fund”), when a victim later
disclaims restitution without making a direct assignment to
the Fund . . . . the statute provides leeway
for the court to fashion this practical solution."
