United States v. Sizemore, No. 16-5700 (6th Cir. 2017)
Annotate this CaseSizemore drove his car through Great Smoky Mountains National Park with three passengers: Mathes, Clapper, and Trent. All four had been drinking alcohol. At 1:35 a.m., Sizemore crashed the vehicle, killing Trent, and seriously injuring Mathes and Clapper. The Tennessee Highway Patrol determined that Sizemore was driving approximately 97 miles per hour two seconds before the crash.The speed limit was 45 miles per hour. Sizemore pleaded guilty to involuntary manslaughter, 18 U.S.C. 1112 and 7(3), agreeing that the court would order restitution for losses to the victims. The probation office assessed restitution under 18 U.S.C. 3663 at $230,839.37: $9,000 for Trent’s funeral expenses; $29,808.27 to Blue Cross Insurance for Clapper; $3,990.74 to Clapper; $11,787.76 to Blue Cross for Mathes; $2,801.17 to Farm Bureau Insurance for Mathes; and $173,451.43 to Trent’s minor child. Sizemore agreed to the full restitution amount as to the minor, but did not agree to any of the other allotments. The Sixth Circuit affirmed the district court in rejecting his objections, ordering restitution in the total amount of $230,839.37, denying Sizemore’s request for credits for payments made by his insurance provider, and in sentencing Sizemore to 36 months of imprisonment followed by three years of supervised release.
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