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United States Fourth Circuit


US v. Davenport, 05-4304

Ten-year sentence following guilty plea to fraudulent use of an access device is vacated where the length was unreasonable. Restitution order was in error where the district court: 1) failed to make sufficient factual findings; 2) ordered restitution to non-victims; 3) required defendant to pay substantially more than allowed by statute.

Appellate Information

  • Argued 01/31/2006
  • Decided 04/21/2006
  • Published 04/21/2006

Judges

  • Before WILKINS, Chief Judge, and MICHAEL and TRAXLER, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Sean Paul Vitrano, Zuckerman Spaeder, L.L.P., Baltimore, Maryland, for Appellant.  Andrew George Warrens Norman, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  Gregg L. Bernstein, Zuckerman Spaeder, L.L.P., Baltimore, Maryland, for Appellant.  Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.
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