United States v. Price, No. 17-3077 (7th Cir. 2018)
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The statutory provision that prohibits ordering restitution to a participant in defendant's offense, 18 U.S.C. 3663(a)(1)(A), does not prohibit ordering restitution to the participant's family members in cases in which the family members are victims in their own right, whose losses are not merely derivative of the participant's losses.
The Seventh Circuit affirmed the district court's sentence and order of restitution after defendant was convicted of 13 criminal charges related to a heroin distribution conspiracy he operated. In this case, the family members were directly harmed by defendant's criminal conduct where they witnessed defendant commit murder and suffered incredibly traumatic injuries as a direct result of the event.
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