United States Fourth Circuit

Following conviction for possession of a stolen firearm entered pursuant to a guilty plea, the district court's order that defendant pay restitution to reimburse the homeowner for the value of the unrecovered firearm and damage caused by his break-in, is reversed, where: 1) the homeowner cannot be considered a victim under the statute because the loss was not caused by possession of a stolen firearm, the sole offense of conviction; 2) defendant's written plea agreement provides no explicit agreement to pay restitution to a person other than a victim of the offense of conviction; and as such,3) the homeowner is not entitled to restitution on either basis for the loss defendant caused him.

Appellate Information

• Decided 05/01/2013
• Published 05/01/2013

Judges

• MOTZ

Court

• United States Fourth Circuit

Counsel