United States v. Kim, No. 18-51024 (5th Cir. 2021)Annotate this Case
After defendant pleaded guilty to one count of criminal copyright infringement, the district court sentenced defendant to 46 months' imprisonment and ordered him to pay restitution to the copyright owner, Scientific Games Corporation.
After determining that defendant's appeal waiver did not bar defendant's challenge, the Fifth Circuit vacated the restitution order, concluding that the government failed to carry its burden of properly establishing the number of infringing items placed into commerce that defendant was responsible for and the resulting harm to Scientific Games in terms of lost net profit. The court remanded for the district court to reanalyze the government's evidence and to determine the number of counterfeit Life of Luxury (LOL) motherboards actually sold and put into the market to compete with legitimate LOL games and the net profit lost by Scientific Games as a result. The court dismissed defendant's challenge to the imposition of a sentencing enhancement because it is barred by his appeal waiver.