Please ensure Javascript is enabled for purposes of website accessibility


Dec 17, 2019

Criminal Law: Fraudulent Registration of Vehicles-Calculation of Actual Loss-Restitution

Defendant was convicted of fraudulently registering vehicles of Missouri residents in Illinois to avoid Missouri state taxes. At sentencing, the district court calculated an actual loss amount and ordered defendant to make restitution in that amount. On appeal, defendant challenged his restitution and the district court’s application of a two-level enhancement for obstruction of justice. [&helli[...]

Oct 2, 2019

Criminal Law: Receiving Stolen Property-Sufficiency of Evidence-Restitution

Where a defendant challenged his conviction for receiving stolen property, evidence that the defendant purchased items on the victim’s charge account that were not clearly authorized by the parties’ contract, even after the victim stated this, and after the defendant pawned the items purchased for cash, was sufficient to support the conviction, and the trial […]

Sep 5, 2019

Criminal Law: Intentional Damage to Protected Computer-Armed Career Criminal-Restitution

After conducting a series of malicious computer attacks, defendant pleaded guilty to conspiracy to cause intentional damage to a protected computer and two counts of being a felon in possession of a firearm. On appeal, defendant challenged his classification as an armed career criminal and the district court’s restitution order. Where aiding and abetting provided […]

Aug 19, 2019

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. […]

Jul 15, 2019

Criminal Law: Passing Counterfeit Securities-Restitution-Intended-Loss Calculation

Defendant pleaded guilty to passing counterfeit securities. The district court sentenced defendant to 120 months of incarceration and ordered him to pay $55,000 in restitution. On appeal, defendant argued that the intended-loss calculation was too high and that the restitution amount should have been lower. Where the record demonstrated that defendant attempted to secure a […]

Jun 24, 2019

Criminal Law: Tampering-Propensity Evidence-Restitution

Where a defendant challenged his conviction for first-degree tampering and an order of restitution, the trial court did not abuse its discretion in admitting evidence of other thefts and drug use because the evidence was relevant to establish the defendant’s identity through surveillance videos and to establish his motive of funding his heroin habit, and […]

Apr 1, 2019

Criminal Law: Restitution-Property Losses-Evidence

  Where a defendant, who pleaded guilty to illicit sexual conduct in a foreign place, challenged an order of restitution, the judgment is affirmed because the order to pay restitution for certain claimed property losses totaling $7,000 was supported by reliable evidence. Judgment is affirmed. U.S. v. Page (MLW No. 72961/Case No. 17-3658 – 5 […]

Mar 4, 2019

Criminal Law: Restitution-Sentence Authority

  Where a defendant argued that he was denied due process, and the plea court lacked the authority to sentence him to an executed term and to pay restitution, the defendant’s claim was waived by his knowing, voluntary and intelligent guilty plea, and any error was self-invited, so the judgment is affirmed. Judgment is affirmed. […]

Mar 4, 2019

Criminal Law: Restitution-Plea Deal

  Where defendant sought to strike his agreed restitution obligation but keep the rest of his plea deal intact, the defendant’s guilty plea waived the claim of error, and the defendant’s claim that restitution contradicted the oral sentence was refuted by the record. Judgment is affirmed. Borneman v. State (MLW No. 72783/Case No. SD35513 – […]

Feb 18, 2019

Criminal Law: Financial Exploitation of Disabled Person-Concurrent Sentences-Restitution

Defendant was convicted of financial exploitation of a disabled person and Medicaid fraud after she deposited a client’s funds into her operating account rather than a trust account and purchased personal items. On appeal, defendant argued that the trial court erred in sentencing her to concurrent terms and exceeded its authority by ordering restitution. Where […]

Feb 18, 2019

Criminal Law: Wire Fraud-Restitution-Joint and Several Liability

Defendants participated in a wire-fraud scheme to obtain money from elderly victims, claiming relatives in the Dominican Republic needed wired funds. At sentencing, the district court found that defendants were jointly and severally liable for the total amount obtained by the scheme during each defendant’s respective involvement and accordingly upward departed in each case and […]

Jan 14, 2019

Criminal Law: Discharging a Firearm-Restitution-Waiver of Right to Appeal

Defendant pleaded guilty to discharging a firearm in furtherance of a drug-trafficking crime and received a 15-year prison sentence and order to pay restitution. Defendant’s guilty plea included a term waiving his right to appeal any restitution order. Where terms of plea agreement waiving right to appeal restitution order were enforceable even though district court […]

Latest Opinion Digests

See all digests

Top stories

See more news