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40 F. App'x 310

United States v. Scat, Inc.

U.S. Courts of Appeals

Decided June 27, 2002

U.S. Courts of Appeals · decided 2002-06-27

Cited by 2 later decisions — most recently May 2017

2 federal appellate ·

Key passage — most relied on by later courts

“authorizes restitution for every victim harmed in the course of the defendant's scheme, conspiracy, or pattern of criminal activity, not just the offense of conviction”

quoted by 1 later decision, including United States v. Holthaus

Applies 18 U.S.C. § 1001 (Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990)

Relies on Hughey v. United States · Peoples Bank & Trust Co. of Hazard v. Penick · Schwarz v. Federal Bureau of Investigation

Good law ✅— No negative treatment on recordhow we know

Decided 2002-06-27

View the full empirical analysis of this case →

*311 PER CURIAM.

¶1 Scat, Inc., pleaded guilty to making a false statement to an agent of the United States, in violation of 18 U.S.C. § 1001. The district court 1 sentenced the company to 5 years probation and ordered it to pay $545,161.20 in restitution. Scat challenges the restitution on appeal, arguing that it contravenes the holding of Hughey v. United States, 495 U.S. 411, 412-13, 110 S.Ct. 1979, 109 L.Ed.2d 408 (1990) (under Victim and Witness Protection Act of 1982, restitution is limited to loss caused by conduct underlying count of conviction). This argument fails because Hughey was superseded by the Mandatory Victims Restitution Act of 1996, which authorizes restitution for every victim harmed in the course of the defendant’s scheme, conspiracy, or pattern of criminal activity, not just the offense of conviction. See United States v. Jackson, 155 F.3d 942, 949-50 (8th Cir.), cert. denied, 525 U.S. 1059, 119 S.Ct. 627,142 L.Ed.2d 565 (1998).

¶2 Accordingly, we affirm the judgment of the district court.

¶3 A true copy.

1

¶4 . The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri.

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