United States v. Johnson

The Ninth Circuit filed an amended opinion vacating the restitution order, denied defendant's petition for panel rehearing, and on behalf of the court denied his petition for rehearing en banc.The panel held that the government's decision not to appeal the district court's evidentiary hearing did not bar the panel's review of its appeal from the district court's restitution order under 18 U.S.C. 3742(b)(1). Therefore, in this case, the government was not foreclosed from challenging the district court's limitation on the restitution order and the panel had jurisdiction to review the order. The panel held that, under 18 U.S.C. 3663A and Ninth Circuit precedent, the district court could properly order restitution for all victims harmed by defendant's scheme, including those harmed by conduct beyond the count of conviction. The panel remanded for the district court to make factual findings to determine whether defendant's activities beyond the BBBS event were sufficiently related to be included for restitution purposes in his overall scheme to defraud. View "United States v. Johnson" on Justia Law