United States Ninth Circuit

In a prosecution for conspiracy to commit tax fraud, defendant's restitution order is affirmed in part where the district court was authorized to order restitution for a violation of Title 26 as a condition of supervised release by 18 U.S.C. section 3563(b)(2), which granted courts broad discretion to order restitution as a condition of probation, and 18 U.S.C. section 3583(d), which made that grant applicable to supervised release. However, the order is vacated in part where restitution so ordered must be limited to the offense of conviction when, as here, that offense does not involve an element of a "scheme, conspiracy, or pattern of criminal activity."

Appellate Information

• Argued 01/12/2010
• Decided 06/21/2010
• Published 06/21/2010

Judges

• Before WILLIAM C. CANBY, JR., CYNTHIA HOLCOMB HALL, and DIARMUID F. O'SCANNLAIN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jennifer Y. Chou, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee., Kathryn A. Young, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.