United States v. Sheldon Tree Top, No. 18-1816 (8th Cir. 2019)
Annotate this CaseDefendant appealed the district court's imposition of a $5000 restitution order imposed after he pleaded guilty to selling eagle feathers. The Eighth Circuit reversed the order of restitution and modified the judgment to decrease the restitution amount to $130, because, based on the existing record, the actual loss caused by defendant's offense of conviction was limited to the amount of money that the government expended to buy the eagle feathers. The court remanded for the limited purpose of giving the district court the opportunity to consider in the first instance whether, based on the existing record, a fine is warranted in light of the reduced restitution award.
Court Description: Kelly, Author, Loken and Colloton, Circuit Judges] Criminal case - Criminal law. In prosecution for the sale of eagle feathers in violation of the Bald and Golden Eagle Protection Act, 16 U.S.C. Sec. 668(a), the district court erred in ordering defendant to pay $5,000 in restitution to the National Fish and Wildlife Foundation; restitution reduced to $130; because the court initially denied the government's request for a fine in light of the sizeable restitution award, the matter is remanded to permit the district court an opportunity to determine if a fine is warranted in light of the reduced restitution award.
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