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Justia Daily Opinion Summaries

US Court of Appeals for the Tenth Circuit
December 18, 2020

Table of Contents

United States v. Allen

Constitutional Law, Criminal Law, Government & Administrative Law, Zoning, Planning & Land Use

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US Court of Appeals for the Tenth Circuit Opinions

United States v. Allen

Docket: 19-1380

Opinion Date: December 17, 2020

Judge: Mary Beck Briscoe

Areas of Law: Constitutional Law, Criminal Law, Government & Administrative Law, Zoning, Planning & Land Use

Defendant-appellant Robert Allen appealed his conviction for depredation of government property. arguing his conviction violated both the Fifth Amendment’s Due Process Clause and separation of powers principles. Allen also appealed the district court’s restitution order of $20,300, claiming the order included restitution for uncharged conduct, and that the district court erred in applying the procedural framework of the Mandatory Victim Restitution Act (MVRA) by placing the burden on him to disprove the amount of loss contained in the presentence report and by ordering a restitution amount unsupported by evidence. After the parties completed briefing on this case, the government filed a notice of concession, acknowledging that the restitution order was erroneous and suggesting remand for resentencing on restitution. The Tenth Circuit affirmed Allen’s conviction, vacated the district court’s restitution order, and remanded the case to the district court to recalculate restitution.

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