United States v. Doering, No. 13-2564 (8th Cir. 2014)
Annotate this CaseDefendant appealed his sentence and an order of restitution after pleading guilty to tampering with evidence. The court enforced defendant's waiver of his right to appeal the reasonableness of his custodial sentence. The court concluded that the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. 3663A, did not apply to defendant's offense. Accordingly, the court vacated the restitution order and remanded for the district court to address defendant's ability to pay and any other issues relevant to an order of restitution under section 3663A.
Court Description: Civil case - Sentencing. Defendant's appeal of his custodial sentence is dismissed as he waived his right to appeal the reasonableness of his sentence as part of his plea agreement; with respect to the restitution order in the case, restitution was not authorized by the provisions of the Mandatory Victims Restitution Act since the Act does not apply to his tampering offense and the plea agreement did not provide a basis for an award; an award under the Victim Witness Protection Act is permitted under the circumstances, but an award under this Act can only be made after the district court considers the defendant's financial resources; since that was not done in this case, the restitution order must be vacated and remanded for further proceedings.
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