July 17, 2026·25-50171·Panel Decision·Leslie H. Southwick·By James Taylor
The Fifth Circuit vacated a restitution order under the Mandatory Victims Restitution Act because the statute does not authorize awards for lost income or mental anguish absent bodily injury. The court held that bodily injury requires physical damage, not purely psychological harm.
James Kirkwood pleaded guilty to robbery. The district court ordered restitution for a victim’s lost income and mental anguish following the robbery. Kirkwood appealed, arguing the court lacked statutory authority under the MVRA.
The court’s reasoning
The court found the MVRA requires bodily injury for lost income restitution. Dictionary definitions and other federal statutes distinguish between physical and mental injury. The court declined to follow the Seventh Circuit’s contrary reasoning and held the error was plain.
We disagree and VACATE the challenged award of restitution.
The dissent
What it means going forward
Federal courts cannot order restitution for lost income or mental anguish under the MVRA unless the victim suffered physical bodily injury.
