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.