Ninth Circuit· 10/7/2016
United States v. Jesse Kaplan
Citations
- 839 F.3d 795
- 2016 U.S. App. LEXIS 18247
- 2016 WL 5859856
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “discussing the intangible, sentimental nature and difficulty in 10 || replacing certain personal property”
- \It is within the district court's discretion to determine the proper method of calculating the value of such property when ordering restitution pursuant to 18 U.S.C. § 3663A.\
- “[I]t would be an abuse of discretion for a district court to issue a restitution award that makes a victim more than whole, such as by awarding a windfall.”
- “Where property is personal or unique, or neither fungible nor easily sold on a viable market, district courts should be permitted the discretion to make victims whole by determining an appropriate measure of value under the circumstances of the case before them.”
- reviewing findings of fact for clear error
Source: CourtListener parenthetical corpus (CC0).
Judges: Hawkins, McKeown, Ezra
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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