UNITED STATES v. LAGOS (2018)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Sergio Fernando LAGOS, Defendant-Appellant

No. 16-20146

Decided: August 27, 2018

Before SOUTHWICK, HAYNES, and HIGGINSON, Circuit Judges. Lauretta Drake Bahry, Carmen Castillo Mitchell, Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee Randolph Lee Schaffer, Jr., Schaffer Firm, Houston, TX, for Defendant-Appellant

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

In light of the Supreme Court’s recent decision in this case, see Lagos v. United States, ––– U.S. ––––, 138 S.Ct. 1684, 201 L.Ed.2d 1 (2018), this matter is REMANDED to the district court with instructions to delete from the restitution order $4,895,469.73 for General Electric Capital Corporation’s legal, expert, and consulting fees incurred in investigating the fraud and its legal fees incurred in bankruptcy proceedings.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.