United States First Circuit

Sentences for theft from an interstate shipment and conspiracy to steal from an interstate shipment are affirmed where: 1) Booker does not apply to judicial determinations of the amount of restitution; 2) the prosecution's standing to seek restitution under the Mandatory Victims Restitution Act does not depend on a victim's actions; 3) the MVRA authorized restitution in this case; and 4) there was no error in one defendant's term of imprisonment. A term of supervised release is vacated where the maximum period of supervised release for a misdemeanor is one year.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James M. Fox for appellant Bruce Ziskind., Robert L. Sheketoff for appellant Bruce Turner.


• For Appellees:
  
• John A. Capin, Assistant United States Attorney, and Michael J. Sullivan, United States Attorney, for appellee.