dolan argued april decided june petitioner dolan pleaded guilty assault resulting serious bodily injury entered plea agreement stated district order restitution victim dolan presentence report also noted restitution required recommend amount lack information hospital costs lost wages mandatory victims restitution act provides victim losses ascertainable date days prior sentencing shall set date final determination victim losses exceed days sentencing july district held sentencing hearing imposed sentence imprisonment supervised release august entered judgment stating restitution applicable leaving open amount restitution given information yet received regarding possible restitution payments october days later addendum documenting restitution amount added presentence report set hearing february three months deadline expired hearing dolan argued deadline passed law longer authorized restitution disagreeing ordered restitution tenth circuit affirmed held sentencing misses deadline nonetheless retains power order restitution least made clear prior deadline expiration order restitution leaving open days amount pp determine consequences missed deadline statute specify looks statutory language relevant context reveal deadline purposes jurisdictional deadline expiration prevents permitting taking action statute attached deadline prohibition absolute waived extended equitable reasons see john sand gravel deadlines rules limit jurisdiction regulate timing motions claims brought unless party points another litigant missed deadline party forfeits deadline protection see kontrick ryan instances deadline seeks speed creating directive legally enforceable deprive judge public official power take action even deadline missed see light language context purposes statute issue sets forth third kind limitation fact sentencing misses deadline even government fault deprive power order restitution pp several considerations lead conclusion first statute specify consequence noncompliance timing provisions federal courts ordinarily impose coercive sanction james daniel good real property statute use shall alone see necessarily bar judges taking action missed deadline refers second statute places primary weight emphasizes importance imposing restitution upon convicted certain federal crimes see third statute procedural provisions reinforce substantive purpose reveal statute seeks speed primarily help crime victims secure prompt restitution provide defendants certainty amount liability fourth read statute depriving sentencing power order restitution harm victims likely bear responsibility deadline missed statute seeks benefit kind harm third parties provides strong indication congress intend missed deadline work forfeiture see brock pierce county fifth interpreted similar statutes bail reform act similarly see supra sixth defendant normally mitigate potential harm telling fears deadline missed likely set timely hearing take statutorily required action pp understated potential harm defendant missed deadline petitioner claims sentence final judgment appeal purposes without definitive determination restitution amount delay determination beyond deadline delay ability appeal defendant knows restitution ordered aware amount usually avoid additional delay asking timely hearing refuses seek mandamus unlikely instance delay causes defendant prejudice remains free ask appellate take fact equitable considerations account review mean accepts petitioner premise sentencing judgment final restitution amount determined although question need decided strong arguments favor appealability initial judgment irrespective delay determining restitution amount judgment imposing may still freighted sufficiently substantial indicia finality support appeal corey several statutes say judgment conviction includes imprisonment final judgment moreover provides sentence imposes order restitution later restitution order final judgment even assuming rule lenity applied statutory time provision criminal context statutory ambiguity sufficiently grievous warrant application case muscarello pp affirmed breyer delivered opinion thomas ginsburg alito sotomayor joined roberts filed dissenting opinion stevens scalia kennedy joined brian russell dolan petitioner writ certiorari appeals tenth circuit june justice breyer delivered opinion case concerns remedy missing statutory deadline statute question focuses upon mandatory restitution victims crimes provides shall set date final determination victim losses exceed days sentencing hold sentencing misses deadline nonetheless retains power order restitution least sentencing made clear prior deadline expiration order restitution leaving open days amount february petitioner brian dolan pleaded guilty federal charge assault resulting serious bodily injury app entered plea agreement stated restitution may ordered presentence report provided end may noted restitution required lacking precise information hospital costs lost wages recommend restitution amount july district held dolan sentencing hearing judge sentenced dolan months imprisonment along years supervised release judge aware restitution mandatory said insufficient information record time regarding possible restitution payments may owed leave matter open pending receipt additional information dolan anticipate award made future days later august entered judgment among things stated pursuant mandatory restitution act restitution applicable however information received regarding possible restitution payments may owed therefore order restitution time boldface deleted probation office later prepared addendum presentence report dated october reflected views parties judge later indicated received addendum documents total amount restitution due case date october days dolan july sentencing days statute days sentencing deadline expire sentencing nonetheless set restitution hearing february three months deadline expired far record shows one asked earlier hearing hearing dolan pointed deadline passed argued law longer authorized order restitution disagreed ordered restitution see memorandum opinion restitution order cr nm apr app pet cert appeals affirmed light differences among courts appeals granted dolan petition certiorari question compare cheal recognizing authority enter restitution order past days balentine maung finding authority farr ii doubt case missed statutory deadline final determination victim losses one offered excuse party seek extension tolling days equitable reasons information needed determine requisite restitution amount available period ended thus question us concerns consequences missed deadline statute specify answering kind question looked statutory language relevant context reveal purposes time limit designed serve answers varied depending upon particular statute time limit issue sometimes found statute question imposes jurisdictional condition upon example authority hear case consider pleadings act upon motions party seeks file see bowles russell cf kontrick ryan finding bankruptcy rule show legislative intent delineat classes cases persons properly within adjudicatory authority see also reed elsevier muchnick slip discussing use term jurisdictional expiration jurisdictional deadline prevents permitting taking action statute attached deadline prohibition absolute parties waive extend deadline equitable reasons see john sand gravel instances found certain deadlines ordinary rules rules limit jurisdiction rather regulate timing motions claims brought unless party points another litigant missed deadline party forfeits deadline protection see kontrick ryan supra bankruptcy rule deadline creditor objection debtor discharge eberhart per curiam criminal rule deadline filing motion new trial still instances found deadline seeks speed creating directive legally enforceable deprive judge public official power take action deadline applies deadline missed see missed deadline holding bail detention hearing require judge release defendant brock pierce county missed deadline making final determination misuse federal grant funds prevent later recovery funds barnhart peabody coal missed deadline assigning industry retiree benefits prevent later award benefits examining language context purposes statute conclude provision us sets forth third kind limitation fact sentencing misses statute deadline even fault government deprive power order restitution several considerations lead us conclusion first statute specify consequence noncompliance timing provisions federal courts ordinary course impose coercive sanction james daniel good real property see also supra speedy trial act statute specifying missed deadline requires dismissal indictment zedner sanction violation act dismissal concede statute uses word shall statute use word alone always led interpret statutes bar judges officials taking action missed statutory deadline refers see supra use word shall context bail hearing makes duty mandatory mean sanction breach loss later powers act brock supra context misuse federal funds barnhart supra context benefits assignments see also regions hospital shalala respect federal official reporting date second statute text places primary weight upon emphasizes importance imposing restitution upon convicted certain federal crimes amending older provision left restitution sentencing judge discretion statute us entitled mandatory victims restitution act says otwithstanding provision law sentencing defendant convicted specified offense shall order defendant make restitution victim offense emphasis added cf stating may order restitution sentencing defendants convicted specified crimes act goes provide restitution shall ordered full amount victim losses without consideration economic circumstances defendant third act procedural provisions reinforce substantive purpose namely statute seeks primarily assure victims crime receive full restitution sure speed important statute requires sentencing judge order probation office prepare report providing complete accounting losses victim restitution owed pursuant plea agreement information relating economic circumstances defendant prosecutor consulting identified victims must promptly provide listing amount subject restitution later days prior date initially set sentencing emphasis added provision us says victim losses ascertainable date days prior sentencing attorney government probation officer shall inform shall set date final determination victim losses exceed days sentencing statute seeks speed primarily help victims crime secondarily help defendant thus sentence following language quoted statute continues victim subsequently discovers losses victim shall days discovery losses petition amended restitution order ibid sentence imposes time limit victim subsequent discovery losses consequently might award restitution losses long original sentence imposed time limit expired fact along act main substantive objectives say act efforts secure speedy determination restitution primarily designed help victims crime secure prompt restitution rather provide defendants certainty amount liability cf recognizing need finality certainty sentencing process also stating sole due process interest defendant protected right sentenced basis invalid premises inaccurate information see also ibid ustice considered served full restitution made fourth read statute depriving sentencing power order restitution harm victims crime likely bear responsibility deadline missed statute also seeks benefit cf victim shall required participate phase restitution order potential harm third parties normally provides strong indication congress intend missed deadline work forfeiture depriving power award restitution victims see brock parties concede assumes official proceed deadline inaction hurt third party see also singer singer sutherland statutory construction pp ed hereinafter singer statutory construction missing deadline remove power exercise duty language denying performance specified time especially mandatory construction might great injury persons fault case slight delay part public officer might prejudice private rights public interest omitted fifth previously interpreted similar statutes similarly example considered bail reform act judicial officer shall hold hearing determine whether grant bail arrested person hearing shall held immediately upon person first appearance judicial officer continuance five days may also granted emphasis added judicial officer missed deadline held judicial officer need release detained person rather government discovers time limits expired may still ask prompt detention hearing make case detain based upon requirements set forth statute reasoned failure comply hearing deadline subvert procedural scheme invalidate hearing missing deadline diminish strength government interest preventing release avert likely commission crimes objective act mandatory release detained person proportion ately repair inconvenience uncertainty timely hearing spared neither language structure statute requires denying victim restitution order remedy missed hearing deadline defeat basic purpose mandatory victims restitution act remedy proportion ately repair harm caused defendant delay particularly defendant knew restitution including likely amount well expiration time limit app indeed result follows fortiori delay worst postpones day financial reckoning delay postponed constitutionally guaranteed bail hearing attached risk defendant remain improperly confined jail see stevens dissenting noting seriousness deprivation liberty physical detention imposes stand alone found support similar cases involving executive officials charged carrying mandatory public duties timely manner see citing french edwards wall brock supra cases turn consistent numerous similar decisions made courts throughout nation see taylor department iowa hutchinson ryan state industrial see also singer statutory construction citing cases sixth defendant normally mitigate harm missed deadline might cause least obtains relevant information regarding restitution amount deadline expires defendant fears deadline missed simply tell likely set timely hearing take statutorily required action see providing may require additional documentation hear testimony though deliberate failure sentencing comply statute seems improbable occur defendant also seek mandamus see writs act la buy howes leather cf brock noting availability district action compel agency compliance directive petitioner dolan however believes understated harm defendant missed deadline cause show makes argument defendant appeal sentence unless part final judgment judgment setting forth sentence final contains definitive determination amount restitution delay determination amount restitution beyond deadline delay defendant ability appeal days perhaps point due process rights threatened brief petitioner critical problem argument lies third step said defendant like petitioner knows restitution ordered aware restitution amount prior expiration deadline usually avoid additional delay simply pointing statute asking grant timely hearing happen minimal burden defendant small cost relative prospect depriving innocent crime victims due restitution still refuse defendant seek mandamus believe rarely necessary even unlikely instances delay cause defendant prejudice perhaps depriving evidence rebut claimed restitution amount defendant remains free ask take fact account upon review inquiry might also consider reason delay party responsible cause whether government victim stevens tolling deadline defendant delay terlingo adopting dissent approach contrast permit defendant delay prevent timely order restitution potentially allowing defendant manipulate whether restitution awarded since presented case need decide whether potential harm equitable considerations taken consideration focusing upon argument third step mean imply accept second premise sentencing judgment final contains definitive determination amount restitution contrary strong arguments favor appealability initial judgment irrespective delay determining restitution amount initial judgment imposed sentence imprisonment supervised release stated restitution awarded previously said judgment imposes discipline may still freighted sufficiently substantial indicia finality support appeal corey internal quotation marks omitted solicitor general points statutes say judgment conviction includes sentence imprisonment final judgment judgment imposes supervised release imposed conjunction sentence imprisonment ibid judgment imposes fine see tr oral arg moreover provides sentence imposes order restitution later restitution order final judgment thus surprising find instances defendant appealed entry judgment containing initial sentence includes term imprisonment defendant subsequently appealed later order setting forth final amount restitution appeals consolidated two appeals decided together see stevens supra maung cf cheal defendant appeal earlier sentencing judgment makes sense otherwise statutory restitution deadline even complied delay appeals days defendants forced wait three months seeking review conviction ordinarily within days see fed rule app proc nonetheless light fact interaction restitution orders appellate time limits consequences extending well beyond cases like present case appeal initial conviction sentence simply note strength arguments militating second step petitioner argument without deciding whether party must appeal leave matters another day dissent however creates rule adversely affect restitution sentencing practices beyond narrow circumstances presented consider example judge currently lacking sufficient information wishes leave open say amount fine special condition supervised release dissent view entry judgment immediately deprive judge authority later fill blank absence statute specifically providing otherwise see post opinion roberts thus sentencing judge either forgo specific dollar amount potential condition wait enter judgment relevant information hand former alternative sometimes deprive judges power enter components sentence may consider essential latter alternative require defendant wait perhaps months taking appeal pointed precedents currently place sentencing judge dilemma see supra need depart precedents case require us issue adequately briefed lower opportunity consider argument petitioner may well forfeited rule foreclose current practices district courts unnecessarily cabin discretion properly exercise scheduling sentencing matters stevens supra cheal supra illustrating district practices certainly need create rule context restitution provisions dissent refers silent whether restitution ordered initial sentencing see sanction authorized criminal forfeiture restitution statutes may imposed addition rest sentence mandatory orders restitution shall apply sentencing proceedings specified offenses even dissent theory statute elsewhere provides necessary substantive authorization notwithstanding provision law sentencing defendant convicted specified offense shall order defendant make restitution victim offense emphasis added dissent explain separate statutory provision regarding procedures shall set date final determination victim losses automatically divests distinct substantive authority course provision plainly confer power act sentencing post emphasis deleted neither plainly remove require sentencing matters concluded one point time dissent assertion see post uses term authority jurisdictional sense rather sense lacks authority impose sentence maximum introduces tenuous analogy may well confuse precedents regarding term jurisdictional see supra event unless one reads relevant statute deadline ironclad limit upon judge authority make final determination victim losses statute us provides adequate authority sentencing judge essentially fill blank judgment made clear restitution applicable app boldface deleted since sentencing judge later order correct error sentence rule apply compare fed rule crim proc post hence dissent claim statute creates authority even assume else favor merely restate question posed case answer moreover dissent reading creates serious statutory anomaly reads statute permitting sentencing judge order restitution victim subsequently discovers losses month year years entry original judgment time depriving judge power award restitution victim whose losses ascertainable within days compare first sentence second sentence sensible reading statute makes restitution mandatory victims finally petitioner asks us apply rule lenity favor reading statute dolan provided us example instance rule lenity applied statutory time provision criminal context see wiltberger wheat applying rule interpreting substantive criminal statute bifulco applying rule interpreting penalties assuming argument sake rule might applied considering statute text structure purpose nonetheless find statutory ambiguity sufficiently grievous warrant application case muscarello internal quotation marks omitted see caron rejecting application rule ambiguous reading implausible reading congressional purpose reasons judgment appeals tenth circuit affirmed brian russell dolan petitioner writ certiorari appeals tenth circuit june chief justice roberts justice stevens justice scalia justice kennedy join dissenting statute issue case provides victim losses ascertainable least days prior sentencing shall set date final determination victim losses exceed days sentencing view failing meet deadline consequence whatever reads statute said shall set date final determination victim losses time sentencing respectfully dissent absence order restitution must imposed sentencing imposed restitution may imposed addition sentence probation fine imprisonment authorized see section turn authorizes courts order restitution imposing sentence defendant emphasis added pursuant yet provisions requiring orders made sentencing defendant emphasis added mandatory restitution provisions apply sentencing proceedings convictions certain crimes emphasis added time sentencing must state open reasons imposition particular sentence including reasons order ing restitution fails provisions authorize restitution orders sentencing confer authority order restitution sentencing concluded congress permits courts impose criminal penalties time sentencing explicitly see provisional sentence study period authorizing certain penalties imposing sentence time thereafter permitting extension supervised release provisional sentencing mentally ill see also fed rules crim proc presentencing forfeiture orders cf corey appeals provisional final sentences authorized law sentence imposed moreover final trial judge authority modify narrowly circumscribed stated trial courts authority prior adoption rule addonizio congress since revoked broad authority correct illegal sentences originally set forth rule see sentencing reform act pub stat see also historical notes amendments rule today error may corrected trial clear within days sentence announced rules rule criminal procedure allowing extensions time expressly provides may extend time take action rule except stated rule rule reiterated time limits made binding rule may extended addonizio supra rule creates inflexible rules eberhart per curiam thus trial fails impose mandatory term imprisonment see mandatory fine see mandatory order restitution see government simply ask impose correct sentence later error clear raised within days might corrected rule otherwise government must appeal seek resentencing remand section limited exception bedrock rules permits trial go forward sentencing delaying restitution order days provision meaningful precisely restitution must otherwise ordered sentencing sentences otherwise final unless properly corrected trial courts power amend sentences time unnecessary however district failed make use limited authority dolan sentenced july declined order restitution time set date future restitution order app see also period elapsed october time government seek timely relief whether rule appeal cf corey supra berman assert claim deadline lawfully extended equitably tolled issue agree us see ante april days sentencing dolan already released prison district nonetheless ordered restitution app pet cert see obtained authority add additional terms dolan sentence step misses searches remedy violation ante rule trial alter sentence time sentencing section limited exception rule limits exceeded exception apply general rule takes sentence changed add restitution provision section grants authority subject deadline deadline met authority longer available appears reason confers authority add restitution provision least days camel nose permitted delay sneaks tent delay permissible ante says provides days final determination victims losses free pass impose restitution whenever trial gets around power order restitution days sentencing order additional term imprisonment send dolan back prison ii avoid conclusion runs series irrelevancies trump clear statutory text notes example provides otwithstanding provision law sentencing defendant convicted specified offense shall order defendant make restitution victim offense ante quoting emphasis opinion issue us restitution ordered language underscore sentencing provision plainly confers power act sentencing power attaches virtue incorporates procedures including limited exception see also procedures section shall apply orders restitution section puts greater emphasis reading statute purpose namely provide restitution victims crime certainly purpose congress sought promote legislation pursues purposes costs frustrates rather effectuates legislative intent simplistically assume whatever furthers statute primary objective must law rodriguez per curiam congress balance interest restitution contrary interest promptly determining defendant sentence balance struck clearly set forth statute determine victim losses date exceed days sentencing whether limit primarily designed help victims crime ante cease law invoked defendants find support second sentence see ante provision addresses distinct issue newly discovered losses sets higher good cause standard fact congress struck balance restitution finality differently context justify overriding balance struck also analogizes limit provisions discussed precedents nothing rights criminal defendants procedural protections heightened importance let alone finality criminal sentencing cited cases said establish official failure meet deadline always deprive official power act beyond regions hospital shalala failure comply deprive anyone anything trial never general authority alter sentences imposed way administrative agencies cited cases said general regulatory authority trial authority add restitution provision otherwise final sentence conferred provision limited authority section take away anything might persist absence even perplexing suggestion references authority trial courts necessarily implicate questions jurisdiction ante say lacks authority order belated restitution use authority jurisdictional sense see arbaugh sense lacks authority impose sentence statutory maximum action error law reversible appeal jurisdictional student aid funds espinosa slip compliance limitation jurisdiction statutory precondition obtaining particular order condition satisfied end appear need instead suggests abandon bedrock rules sentences imposed final exceptions ones congress chooses allow congress allowed various ones instead proposes judicial power alter sentences apparently time trial leave open say amount fine ante say number years thus defendant like dolan served entire sentence knows long might still order additional imprisonment additional restitution additional fine additional condition supervised release see ante cites authority support fill th blank sentencing two cases implicated circuit split ante prior enactment however widely recognized requirement impose restitution sentencing meant estitution must determined time sentencing left open sentencing concluded federal judicial center wood guideline sentencing outline appellate case law selected issues emphasis added citing porter ramilo prendergast sasnett finds rule inapplicable district ing clear error sentence ante true enough government lose limitation rule clear errors corrected within days sentencing leave trial courts free make changes sentences whenever choose rule makes sense background rule trial courts change sentences true empowers wish delay sentencing desires information otherwise available impose provisional sentence study period statute largely unnecessary trial order addonizio thought noncontroversial sentence imposed final subject exceptions congress allowed contrary suggestion ante dolan invoked principle see brief petitioner reply brief petitioner appellant opening brief pp citing blackwell proposition district inherent authority modify sentence finds necessary question principle indeed accuse dissent creat ing th rule ante highlights misguided decision counter effects opinion restore semblance finality sentencing advises defendants seek mandamus remedy described drastic extraordinary reserved really extraordinary causes one potent weapons judicial arsenal cheney dist internal quotation marks omitted odd procedure contemplates defendant received harsher sentence invoke drastic extraordinary remedy mandamus make sure gets sentencing errors corrected trial fails order appropriate sentence government must appeal correct ends case greenlaw slip moreover mandamus remedy helps defendants know danger increased sentence imposes another rule namely trial must explicitly leave open precise sentence time sentencing ante must make clear prior deadline expiration order restitution indeterminate time ante emphasis added make crucial announcement sentencing prior deadline expiration judicially created deadlines taken seriously imposed congress back beginning asking remedy failing meet relevant deadline suggestion require notice intent augment sentence future date may good idea even better one might set particular date say days sentencing parties base expectations congress choice good enough us district case failed order mandatory restitution sentencing dolan wrong two wrongs make right mistake gave authority amend dolan sentence later beyond days allowed add sentencing term requiring restitution mindful fact trial blunders victims may suffer consequences like unavoidable result system rules one appeals mistaken ruling amount restitution whether restitution applies finality necessarily obstruct victims full recovery congress balance competing interests recovery finality done clearly judicial inquiry complete barnhart sigmon coal internal quotation marks omitted footnotes whether date must set sentencing us order setting date plainly entered days sentencing happened see app equally inapposite statute case rested lower authority whether bail hearing held whereas statutory condition whether losses determined within days sentencing