Lana M. Strange and Robert F. Strange v. Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2004-4, Asset-Backed Certificates, Series 2004-4

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that § 1029(a)(2) does not contain as an element a scheme, conspiracy, or pattern of criminal activity
• holding that § 1029(a)(2) does not 3 The statute also authorizes restitution to “persons other than the victim of the offense,” if the parties so agree in a plea agreement. 18 U.S.C. § 3663A(a)(3
• stating that “a waiver may not be used to preclude appellate review of a sentence that exceeds the statutory maximum” (alteration and quotation omitted)
• explaining that the statutory maximum on the amount of restitution is “the amount causally linked to the offense of conviction”
• providing that the MVRA authorizes restitution to cover victims’ “loss[es] resulting from the count to which [the defendant] pled guilty”
• holding a restitution order in excess of the amount authorized by 18 U.S.C. § 3663A constitutes a miscarriage of justice that meets the requirements of plain error

Source: CourtListener parenthetical corpus (CC0).