United States Eighth Circuit

A sentence for misdemeanor copyright infringement, including a restitution award in favor of BMG Columbia House of over $70,000, is vacated and remanded for resentencing where the government failed to prove the amount of loss to BMG proximately caused by defendant's offense, which was taking several thousand undeliverable CDs and DVDs from the post office trash and selling them to used record stores.

Appellate Information

• Decided 02/01/2008
• Published 02/01/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Christopher J. Lancaster, argued, Fargo, ND, for appellant.


• For Appellees:
  
• Shon Hastings, AUSA, argued, Fargo, ND, for appellee.