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United States Tenth Circuit


US v. BARTON, 03-1112

District court erred in not imposing restitution to reimburse the US Forest Service for monies expended in revegetating fire-damaged forest land. The "complexity" exception of the Mandatory Victims Restitution Act was not triggered, as the amount recommended was based on actual recoverable loss and defendant did not object to the recommendation.

Appellate Information

  • Decided 05/04/2004
  • Published 05/04/2004

Judges

  • BRISCOE, Circuit Judge., Before TACHA, Chief Circuit Judge, BRISCOE, Circuit Judge, and LUNGSTRUM, Chief District Judge.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • John W. Suthers, United States Attorney, (Robert M. Russel, Assistant United States Attorney, with him on the briefs), Denver, CO, for the plaintiff-appellant.

  • For Appellees:
  • Warren R. Williamson, Assistant Federal Public Defender, (Michael G. Katz, Federal Public Defender, with him on the brief), Denver, CO, for the defendant-appellee.
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