United States Tenth Circuit

Regardless of whether a defendant's waiver of appellate rights via a plea agreement would otherwise be enforceable, he cannot be deemed to have waived his right to appeal the legality of a court's restitution order. A restitution order imposed following defendant's plea to conspiracy to infringe a copyright is reversed where the government failed to prove that the copyright holder, Microsoft, suffered any actual loss and, consequently, no restitution should have been ordered.

Appellate Information

• Decided 04/17/2007
• Published 04/18/2007

Judges

• McKAY, Circuit Judge., Before KELLY, McKAY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: 


• For Appellees:
  
• William P. Earley, Assistant Federal Public Defender, Oklahoma City, OK, for Defendant-Appellant., John C. Richter, United States Attorney, and James F. Robinson and Sue Tuck Richmond, Assistant United States Attorneys, Oklahoma City, OK, for Plaintiff-Appellee.