Luz Hernandez v. United States

The district court issued an order of restitution in the amount of over $4.7 million pursuant to the government’s ex parte motion filed after petitioner’s attorney had withdrawn from the case and in the absence of actual notice to or consent by petitioner. In the motion, the government claimed that the former attorney had agreed to the restitution judgment and thus that no restitution hearing was required. Does the imposition of financial penalties as part of a felony sentencing violate a defendant’s Fifth Amendment right to due process and Sixth Amendment right to counsel where the defendant lacks notice of, and the assistance of counsel regarding, the government’s ex parte request for such penalties?