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March 28, 2007

Notable restitution ruling from the Tenth Circuit

Though I doubt the decision will get as much attention as the restitution blunder case from DC (discussed here), today the Tenth Circuit issued a notable (spilt panel) restitution ruling in US v. Gordon, No. 04-6384 (10th Cir. Mar. 28, 2007) (available here).  Here's the majority's explanatory first paragraph:

Defendant-Appellant Margaret Ann Gordon appeals from the district court's order requiring her to pay restitution for credit card fraud in the amount of $68,698.52.  Ms. Gordon argues the amount of restitution exceeds the statutory limits set forth in the Mandatory Victim Restitution Act (MVRA).  See 18 U.S.C. ยง 3663A.  The government filed two motions for enforcement of the plea agreement, arguing that Ms. Gordon waived her right to appeal the amount of restitution.  Ms. Gordon responds that her challenge to the amount of restitution is not covered by her waiver of appellate rights and that, if it is, she did not enter the waiver knowingly and voluntarily.  Exercising jurisdiction pursuant to 28 U.S.C. ยง 1291, we determine that Ms. Gordon may appeal the restitution order.  We vacate that order and remand to the district for the entry of a restitution order in the amount of $7,950.98.

March 28, 2007 at 08:57 PM | Permalink

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Comments

Prof. Berman,
either this decision is momentous, or it's pretty run of the mill; I can't decide which one yet.

Posted by: Brian | Mar 29, 2007 11:04:04 AM

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