United States Fifth Circuit

A sentence in a prosecution for wire fraud, identity theft, identification and authentication fraud, and possession and use of counterfeit and forged bank checks with intent to defraud is affirmed over claims of error regarding: 1) the fact that the plea agreement did not cover restitution, nor was restitution mentioned in the Rule 11 colloquy or in the appeal waiver; and 2) the lack of live testimony or a sworn affidavit from the victim at the sentencing hearing regarding the total amount of loss.

Appellate Information

• Decided 05/16/2008
• Published 05/16/2008

Judges

• DeMOSS, Circuit Judge:, Before KING, DeMOSS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paul David Roberts, Asst. U.S. Atty., Oxford, MS, for U.S., Robert W. Davis, Jr., Tupelo, MS, for Smith.