Criminal Law: Sentencing-Restitution-Appeal Waiver

Where a defendant challenged his sentence and restitution order in a child-pornography case, the restitution order survived the appeal waiver because the order was not authorized by the statute, so the restitution order is vacated, but the prison sentence was within the scope of the waiver, and the government’s motion to dismiss is granted.

Vacated. Dismissed.

U.S. v. Thomas (MLW No. 73710/Case No. 18-2412 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Western District of Arkansas, Hickey, J. (Christopher Aaron Holt, Fayetteville, Arkansas, argued for appellant) (Kyra E Jenner, Fort Smith, Arkansas, argued for appellee).