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· 4/17/2012

United States v. Chemical & Metal Industries, Inc.

Citations

  • 677 F.3d 750
  • 2012 WL 1301166
  • 74 ERC (BNA) 1809
  • 2012 U.S. App. LEXIS 7741

How courts have described this case

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

  • holding that a restitution order exceeded the statutory maximum because the “record contain[ed] no evidence regarding the amount of pecuniary loss suffered by” the defendant
  • holding that the government may not present new evidence on remand even where the defendant failed to object to the original sentencing
  • holding that a restitution order exceeded the statutory maximum because the “record contain[ed] no evidence regarding the amount of pecuniary loss suffered by” the defendant
  • concluding remand was improper because the government conceded that it did not carry its initial evidentiary burden before the district court in proving the amounts for forfeiture
  • holding in the § 3664 context that the appellate waiver did not apply because a restitution order exceeds the statutory maximum when the “record contains no evidence regarding the amount of pecuniary loss suffered by” the defendant
  • holding in the § 3664 context that the appellate waiver did not apply because a restitution order exceeds the statutory maximum when the “record contains no evidence regarding the amount of pecuniary loss suffered by” the defendant

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Garza, Southwick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.