After a bench trial, Bradley Matheny was convicted of several smuggling and postage counterfeiting charges, sentenced to 36 months of imprisonment, and ordered to pay over $200,000 in restitution to the U.S. Postal Service. Matheny appealed on several grounds.
The Eighth Circuit upheld Matheny’s conviction and sentence but reversed the order of restitution. Reviewing the legal conclusions underlying the calculation de novo, the appellate court found that the district court’s order had included categories of loss that were not permitted by the law. Restitution may only be ordered for the loss caused by the specific conduct that is the basis of the offense of conviction. Since none of Matheny’s statutes of conviction listed a scheme, conspiracy, or pattern of criminal activity as an element, his restitution order was limited to only the loss caused by his forgery of stamps.
Appeal from the Northern District of Iowa
Opinion by Gruender, joined by Benton and Grasz
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