United States v. Anderson, No. 16-3134 (7th Cir. 2017)Annotate this Case
Anderson and three accomplices had robbed a Milwaukee bank in 2014. As they drove away, a dye pack burst inside a bag of currency, leaving some of the bills stained and singed. The robbers tossed the bag from the car. A citizen found it and gave it to police. Authorities found another $561 when, a day later, they arrested Anderson’s brother driving the stolen getaway car. Anderson pleaded guilty to armed bank robbery, 18 U.S.C. 2113(a), (d), and admitted stealing $4,237 in currency and about $500 in coins. The judge imposed 156 months’ imprisonment and ordered Anderson to pay $4,131 in restitution (a miscalculated amount). On remand, the case was assigned to a different judge; Anderson again changed lawyers. His third lawyer objected to the presentence report but said nothing about restitution. The judge sought clarification of the report’s restitution calculation. The prosecutor remained silent about the $2,107 of singed and stained currency in the government’s possession. The judge sentenced Anderson to 126 months’ imprisonment and again ordered him to pay $4,131 in restitution. The Seventh Circuit again remanded, noting that defense counsel may have been unaware of the cash recovered immediately after the robbery. Under 18 U.S.C. 3664(e), the government must prove that the victim will not be made whole by returning stolen property that has been recovered.