United States v. Diaz, No. 16-4226 (4th Cir. 2017)
Annotate this CaseThe Fifth Circuit vacated an order of restitution, holding that the Victim and Witness Protection Act (VWPA), 18 U.S.C. 3663, applied to defendant's crime of interference with flight crew members and attendants because it was not categorically a crime of violence as defined by section 18 U.S.C. 16. Therefore, the district court erred by holding that the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. 3663A, applied to the offense. The court remanded for redetermination of the issue of restitution. On remand, should the district court determine that restitution was proper, the district court must order the full amount of loss as determined by the district court.
The court issued a subsequent related opinion or order on July 31, 2017.
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