Opinion
No. 16-10437
04-16-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. BARBARA JEAN DENNIS, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:10-cr-00091-KJD MEMORANDUM Appeal from the United States District Court for the District of Nevada
Kent J. Dawson, District Judge, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Barbara Jean Dennis appeals from the district court's judgment and challenges the $80,952.41 restitution order and $10,000 fine imposed following her guilty-plea conviction for bankruptcy fraud, in violation of 18 U.S.C. § 157(1). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.
Dennis contends that the restitution order fails to comport with the Mandatory Victims Restitution Act, 18 U.S.C. §§ 3663A-3664. The government concedes error and affirmatively waives the opportunity to seek a new restitution order on remand. We agree there was error and vacate the restitution order and remand for the district court to strike it from the judgment.
Upon remand, the district court shall also reconsider the fine imposed under the factors specifically set forth in 18 U.S.C. § 3572(a).
VACATED and REMANDED.