Atticus DeProspo is representing a case coming before the US Supreme Court this week.
A Gates Cambridge Scholar is working on a case involving the retroactive application of a law on restitution payments which comes before the US Supreme Court this week.
Atticus DeProspo [2016], who did his MPhil in Criminology, is representing Holsey Ellinburg Jr, who was sentenced to nearly 27 years in prison for his role in a bank robbery in Georgia in December 1995.
Under the federal law at the time of the robbery, Ellingburg had to make restitution payments for 20 years until 2016. However, in 1996 Congress brought in a new law – the Mandatory Victims Restitution Act – that extends defendants’ liability until the later of two dates: 20 years after sentencing or when they are released from prison. The law also requires defendants to pay interest on the restitution.
After 2016, the government continued to try to collect restitution from Ellingburg – including after he was released from prison.
Ellingburg went to court, arguing that he should not have had to pay restitution after November 2016 and that the 1996 law violated the US Constitution, which contains an Ex Post Facto Clause. That prohibits laws that retroactively increase the punishment for a crime or criminalise conduct that was legal when it occurred. Ellingburg’s case centres around whether the Ex Post Facto Clause only applies to criminal law.
Atticus was appointed pro bono in autumn 2023 to represent Ellingburg at the United States Court of Appeals for the Eighth Circuit. The Eighth Circuit ruled against Ellingburg on the grounds that restitution is a civil remedy, and Atticus’ firm applied for a re-hearing, which was turned down.
Next, his firm, Williams & Connolly LLP, filed a petition at the Supreme Court, which was opposed by the federal government but granted by the Supreme Court in April 2025. The federal government then took the rare step of supporting Williams & Connolly’s position so the Supreme Court had to appoint an amicus brief to oppose the petition. The Supreme Court will hear oral argument on Ellingburg’s behalf tomorrow [14th October].
*Photo by Tim Mossholder on Unsplash
