United States Eighth Circuit

A sentence and restitution order imposed for defendant's knowingly and fraudulently making a false declaration or statement in connection with his bankruptcy petition is affirmed over claims of error regarding: 1) a finding that defendant intended to defraud his creditors of more than $30,000, which resulted in a six-level increase under the USSG; and 2) a conclusion that the bankruptcy trustee was a victim under the Mandatory Victims Restitution Act, and the district court's order of restitution for the trustee's uncompensated work as a result of defendant's offense.

Appellate Information

• Decided 05/25/2007
• Published 05/25/2007

Judges

• RILEY, Circuit Judge., Before RILEY, MELLOY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark C. Meyer, argued, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Daniel C. Tvedt, Asst. U.S. Atty., argued, Cedar Rapids, IA (Ian K. Thornhill, Asst. U.S. Atty., on brief), for appellee.