United States v. Davis, No. 12-4088 (4th Cir. 2013)
Annotate this CaseDefendant pled guilty to one count of possession of a stolen firearm after he broke into a house and stole a firearm and other valuables. On appeal, defendant challenged the district court's order of restitution to reimburse the homeowner for the value of the unrecovered firearm and damage caused by the break-in. The court concluded that the homeowner could not be considered a victim under the Victim and Witness Protection Act, 18 U.S.C. 3663, and so was not entitled to restitution on that basis for the loss defendant caused him; defendant's written plea agreement provided no explicit agreement to pay restitution; and the district court's imposition of the restitution order constituted plain error. Accordingly, the court reversed the judgment of the district court to the extent it ordered restitution.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.