UNITED STATES v. DENNIS (2018)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Barbara Jean DENNIS, Defendant-Appellant.

No. 16-10437

Decided: April 16, 2018

Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

Peter Stuart Levitt, Esquire, Assistant U.S. Attorney, USLV—Office of the U.S. Attorney, Las Vegas, NV, Elizabeth Olson White, Esquire, Assistant U.S. Attorney, USRE—Office of the US Attorney-Reno, Reno, NV, for Plaintiff-Appellee Mark Eibert, Esquire, Attorney, Half Moon Bay, CA, for Defendant-Appellant

MEMORANDUM **

Barbara Jean Dennis appeals from the district court’s judgment and challenges the $80,952.41 restitution order and $10,000 fine imposed following her guilty-plea conviction for bankruptcy fraud, in violation of 18 U.S.C. § 157(1). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

Dennis contends that the restitution order fails to comport with the Mandatory Victims Restitution Act, 18 U.S.C. §§ 3663A-3664. The government concedes error and affirmatively waives the opportunity to seek a new restitution order on remand. We agree there was error and vacate the restitution order and remand for the district court to strike it from the judgment.

Upon remand, the district court shall also reconsider the fine imposed under the factors specifically set forth in 18 U.S.C. § 3572(a).

VACATED and REMANDED.

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