California Court of Appeal

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US v. Kaplan, 15-30213

Sentence and restitution for conviction of drug manufacturing crimes, in a case in which an explosion during hash oil manufacturing engulfed an apartment building complex in flames and caused severe injuries and one death, are affirmed where: 1) District Courts have discretion in calculating restitution, and that while fair market value generally provides the best measure to ensure restitution in the full amount of the victim's loss, replacement value is an appropriate measure of destroyed property under 18 U.S.C. section 3663A(b)(1)(B), where the fair market value is either difficult to determine or would otherwise be an inadequate or inferior measure of the value; and 2) the District Court was not required to give additional notice of an upward departure, where the presentence report specifically put the defendants on notice that an upward departure may apply, and that the District Court did not commit plain error where it upwardly departed only on grounds stated in the PSR.

Appellate Information

  • Decided
  • Published 2016/10/07


  • EZRA


  • California Court of Appeal