United States Ninth Circuit

The district court's restitution order against defendants, convicted under the Foreign Corrupt Practices Act, which was entered without a jury's finding that there was an identifiable victim who suffered a pecuniary loss, is affirmed, where: 1) Ninth Circuit precedent holds that Apprendi v. New Jersey does not apply to restitution orders; and 2) Southern Union Co. v. United States, 132 S. Ct. 2344 (2012), which held that Apprendi applies to the fact-finding need to trigger criminal fines, is not clearly irreconcilable with the Ninth Circuit's precedent.

Appellate Information

• Decided 07/11/2013
• Published 07/11/2013

Judges

• KOZINSKI

Court

• United States Ninth Circuit

Counsel