United States Fifth Circuit

Reset A A Font size: Print

US v. Nolen, 05-40859

A sentence imposed on a limited remand is affirmed but remanded for reconsideration of restitution, and the circuit court clarifies upon the government's motion for reconsideration that restitution may be imposed if done so as a condition of supervised release in a criminal tax case, even in the absence of a prior definitive determination or adjudication of the amount of taxes owed, and if limited to losses from the crime of conviction.

Appellate Information

  • Decided 03/25/2008
  • Published 03/26/2008

Judges

  • WIENER, Circuit Judge:, Before JOLLY, DAVIS, and WIENER, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Alan L. Hechtkopf, Samuel Robert Lyons (argued), U.S. Dept. of Justice, Tax Div., Washington, DC, Terri Lynn Hagan, Asst. U.S. Atty., Plano, TX, for U.S., Peter Goldberger (argued), Law Office of Peter Goldberger, Admore, PA, for Nolen.