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: Defense Newsletter Blog

Stein: Upholding Restitution Order and Deeming Other Challenges Barred by the Mandate Rule/Law of Case

By Tim Cone

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In United States v. Stein, No. 18-13762 (July 13, 2020) (Marcus, Luck, Ed Carnes), the Court re-affirmed the defendant?s fraud convictions and affirmed an award of restitution.In a previous appeal, the Eleventh Circuit remanded for the district court consider to reconsider its loss finding with respect to restitution. The Court held that, on remand, the district court relied on sufficient evidence to establish causation, and the court was permitted to rely on the government?s expert witness.The Court declined to consider the defendant?s Brady/Gigliochallenges to this convictions, or his challenges to the forfeiture order, because those challenges were outside the scope of the limited remand and could have been raised in the initial appeal...continue to full post

Full post as published by Defense Newsletter Blog on July 13, 2020 (boomark / email).