Opinion
Crim. File No. 97-235(01) (MJD/JGL).
April 18, 2001
ORDER
On February 23, 1999, the Court of Appeals for the Eighth Circuit reversed and remanded the original sentencing order in this case with instructions to reimpose the restitution payment schedule in consideration of the factors outlined in 18 U.S.C. § 3664(f)(2). Before this Court could consider the remand, the Supreme Court granted certoriari to consider the jurisdictional issues raised by Defendant. After vacating the judgment, the Supreme Court remanded the case to the Court of Appeals. The Court of Appeals vacated the conviction, and remanded the case to this Court for an evidentiary hearing.
By Order dated April 16, 2001, this Court reinstated Defendant's conviction. Therefore, in accordance with the February 23, 1999 Order of the Court of Appeals for the Eighth Circuit, this matter is scheduled for May 2, 2001 for sentencing.