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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48528

Judge Walker

DEFENDANT APPEALED from a district court order sentencing him to restitution of $34,476 and a $200 special assessment fee. The U.S. Court of Appeals for the Second Circuit resolved two questions in the context of the Mandatory Victim Restitution Act of 1996 (MVRA) and determined that the district court erred when it established an ambiguous schedule for restitution payments. The court remanded to enable the district court to specify the relevant schedule for defendant’s restitution order. The court, however, affirmed the district court’s decision to hold defendant accountable for the entire $34,476 in accordance with the MVRA’s rules regarding apportionment of liability, concluding that orders for restitution by co-defendants, each for the full amount of a victim’s loss, do not permit a victim to recover more than the full amount of his loss. The court added that a district court does not commit error by failing to state explicitly that a victim’s recovery shall be limited to the amount of its loss.

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