United States Fourth Circuit

District court's imposition of a probationary sentence on defendant in connection with his guilty plea to various fraud charges stemming from his participation in a government procurement fraud scheme involving aviation fuel contracts is vacated and remanded with instructions for: 1) the district court to explain in detail why it believes DESC's claimed actual losses are not sufficiently supported by the expert testimony for purposes of calculating defendant's advisory Guidelines sentencing range and awarding Defense Energy Support Center (DESC) restitution under the Mandatory Victims Restitution Act (MVRA); and 2) reconsideration of the district court's determination that DESC was entitled to no restitution under the MVRA.

Appellate Information

• Argued 10/29/2009
• Decided 01/04/2010
• Published 01/04/2010

Judges

• Before SHEDD, Circuit Judge, HAMILTON, Senior Circuit Judge, and NORMAN K. MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Nickolai Gilford Levin, United States Department of Justice, Washington, DC, for Appellant. Gordon Mehler, Law Office of Gordon Mehler, PLLC, New York, New York, for Appellee. ON BRIEF:Scott D. Hammond, Acting Assistant Attorney General; Mark W. Pletcher, John F. Terzaken, Portia R. Brown, John J. Powers, III, United States Department of Justice, Antitrust Division, Washington, D.C., for Appellant. Rebecca Stack Campbell, Law Office of Gordon Mehler, PLLC, New York, New York, for Appellee.