· 10/20/1997
United States v. Larry L. Emerson
Citations
- 128 F.3d 557
- 1997 U.S. App. LEXIS 28832
- 1997 WL 643634
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court has the statutory authority to impose both restitution and forfeiture, and there is no legal authority to offset one from the other
- holding that “ § 3C1.1 is not intended to punish a defendant for exercising his right to testify, but the guideline does punish those who commit perjury when denying their guilt”
- stating that the. district court has the statutory authority to impose both restitution and forfeiture, and there is no legal authority to offset one another
- stating that the district court has the statutory authority to impose both restitution and forfeiture, and there is no legal authority to offset one another
- rejecting defendant’s assertion that payment of forfeiture and restitution would create “windfall” for government where payments were directed to Postal Service and DOJ
- affirming that a contract- ing officer had a position of trust in part because he could in- spect work sites and certify completion of work, even though he was not authorized “to approve the payments of any in- voices”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ripple, Kanne, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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