United States Tenth Circuit

An order requiring defendant to pay restitution for credit card fraud is vacated and remanded where: 1) contrary to the government's argument that defendant had waived her right to appeal the amount of restitution via her appellate waiver in her plea agreement, she could appeal the restitution order; and 2) the amount of restitution ordered exceeded the statutory amount permissible under the Mandatory Victim Restitution Act (MVRA) because it awarded amounts for losses to other victims in addition to the victim of the offense to which she pled guilty.

Appellate Information

• Decided 03/28/2007
• Published 03/29/2007

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, LUCERO, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the briefs:   William P. Earley, Assistant Federal Public Defender, Oklahoma City, OK, for Defendant-Appellant., John C. Richter, United States Attorney, and Randal A. Sengel, Assistant United States Attorney, Oklahoma City, OK, for Plaintiff-Appellee.