United States v. Newman; United States v. Tedesco, No. 10-10430 (9th Cir. 2011)
Annotate this CaseDefendants, David Ray Newman and Jon Tedesco, committed crimes that subject them to criminal forfeiture: Newman robbed two banks, and Tedesco conspired to defraud banks. Defendants each pleaded guilty and agreed to forfeit a specific amount of money. The district court nevertheless eliminated criminal forfeiture or reduced it to a trivial amount. The government timely appealed. Because the district court's reasoning in the two cases was substantially similar, the court issued a joint opinion. The court vacated and remanded with instructions. In Newman's case, the district court should enter a criminal forfeiture money judgment of $5,102. In Tedesco's case, the district court should either enter a criminal forfeiture money judgment of $1 million or, if there was a reason to doubt the accuracy of that agreed amount, follow the procedure described and enter a criminal forfeiture money judgment in the amount of the "proceeds" of Tedesco's crime, not to exceed $1 million.
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