U.S. v. BURGESS, 1:09cr17-GCM. (2014)
Court: District Court, W.D. North Carolina
Number: infdco20140702b08
Visitors: 14
Filed: Jul. 01, 2014
Latest Update: Jul. 01, 2014
Summary: ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court on remand from the Fourth Circuit following a finding that the original amount of restitution ordered by the Court be vacated. United States v. Burgess, 684 F.3d 445 , 460 (4th Cir. 2012). The Fourth Circuit has remanded the case "for an individualized determination of proximate causation and, if such causation is found, for a restitution award consistent with the principles expressed in [the Fourth Circuit's] opinion
Summary: ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court on remand from the Fourth Circuit following a finding that the original amount of restitution ordered by the Court be vacated. United States v. Burgess, 684 F.3d 445 , 460 (4th Cir. 2012). The Fourth Circuit has remanded the case "for an individualized determination of proximate causation and, if such causation is found, for a restitution award consistent with the principles expressed in [the Fourth Circuit's] opinion...
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ORDER
GRAHAM C. MULLEN, District Judge.
THIS MATTER is before the Court on remand from the Fourth Circuit following a finding that the original amount of restitution ordered by the Court be vacated. United States v. Burgess, 684 F.3d 445, 460 (4th Cir. 2012). The Fourth Circuit has remanded the case "for an individualized determination of proximate causation and, if such causation is found, for a restitution award consistent with the principles expressed in [the Fourth Circuit's] opinion." Id.
In light of the recent Supreme Court holding in Paroline v. United States., 134 S.Ct. 1710 (2014), regarding the interpretation of causation pertaining to 18 U.S.C. § 2259, this Court directs each party to submit a brief addressing the effect of Paroline and Burgess on the resentencing.
IT IS, THEREFORE, ORDERED that the Government and the Defendant submit briefs to the Court addressing the effect of Paroline in conjunction with the Fourth Circuit's decision in Burgess on the remand order. Each party's brief must be submitted within forty-five (45) days of entry of this Order and must be no longer than fifteen (15) pages in length. Sentencing in this case will be scheduled thereafter.
Source: Leagle
