United States v. Paup, No. 18-1114 (10th Cir. 2019)Annotate this Case
Defendant Michelle Paup was convicted by jury of theft of government property of a value less than $1,000, and removal of theft-detection devices. The charges arose from a shoplifting incident at the Army and Air Force Exchange Service store on Buckley Air Force Base in Aurora, Colorado (the Exchange). The magistrate judge sentenced Defendant to concurrent sentences on each count of 30-days’ imprisonment and one year of supervised release. The judge also imposed a $1,000 fine and ordered restitution equaling the full retail value of the stolen merchandise ($734.41). Defendant appealed to the United States District Court for the District of Colorado, challenging, as relevant here, the amount of the restitution award, the exclusion of her expert witness, and the application of a two-level enhancement of her offense level because of perjury. The district court upheld her conviction and sentence of imprisonment but vacated the restitution award and remanded to the magistrate judge for further proceedings. Defendant then appealed to the Tenth Circuit Court of Appeals. The Tenth Circuit found it had jurisdiction because the district-court remand order did not disturb Defendant’s conviction or sentence of imprisonment, and the remaining issue on remand was the amount of restitution. The Court affirmed on the merits, finding the magistrate judge did not err in excluding Defendant’s expert or in imposing the offense-level enhancement.