It’s a sleepy week in the Circuits last week – a resentencing and a restitution remand.
To the victories!
1. United States v. Daniels, et al., Fifth Circuit: Appellants were convicted of conspiring to distribute and to possess with intent to distribute five kilograms or more of cocaine. The finding as to drug quantity was vacated because there was insufficient evidence to support it. Appellants’ sentences were vacated and the case remanded for resentencing for the court to recalculate appellants’ Guidelines range calculations, which were driven by the conspiracy’s vacated five kilogram finding.
2. United States v. Edwards, et al., Eleventh Circuit: Appellants were convicted of wire fraud, mail fraud, and money laundering, and ordered to pay over $6 million in restitution. Because the government had no evidence to demonstrate that five of the alleged victims were entitled to restitution, the court clearly erred in awarding restitution with respect to these victims. The restitution order was vacated and the case remanded for a hearing on whether the five individuals at issue are entitled to restitution.