United States Tenth Circuit

A restitution order imposed following defendant's conviction and sentence for assault with a dangerous weapon and assault resulting in serious bodily injury is affirmed as to the amount of restitution ordered, but vacated in part where the district court plainly erred in imposing an immediate-payment restitution obligation on defendant without consideration of the requisite Mandatory Victims Restitution Act (MVRA) factors.

Appellate Information

• Decided 05/25/2007
• Published 05/29/2007

Judges

• HOLMES, Circuit Judge., Before KELLY, EBEL, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Marc H. Robert, Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellant., David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.