Legal Opinion
United States v. Adams
Court of Appeals for the Fifth Circuit
Decided March 10, 2004No. 03-30219PublishedCited by 31 opinions
1Opinion of the Court
EDITH BROWN CLEMENT, Circuit Judge:
This appeal, challenging an order of restitution under the Mandatory Victims Restitution Act (“MVRA”), 18 U.S.C. § 3663A (2000), requires us to define the scope of the fraudulent scheme underlying a defendant’s fraud conviction. We hold that when a defendant pleads guilty to fraud, the scope of the requisite scheme to defraud, for restitution purposes, is defined by the mutual understanding of the parties rather than the strict letter of the charging document. Because the defendant’s conviction was derived from a guilty plea, and because the restitution…
2Cases cited10 opinions
- Hughey v. United StatesSupreme Court of the United States · 1990
- United States v. Barbara ChaneyCourt of Appeals for the Fifth Circuit · 1992
- United States v. CothranCourt of Appeals for the Fifth Circuit · 2002
- United States v. Frasiel HugheyCourt of Appeals for the Fifth Circuit · 1998
- United States v. Robert Earl Stouffer, and James Dale AtchleyCourt of Appeals for the Fifth Circuit · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- United States v. ArledgeCourt of Appeals for the Fifth Circuit · 2008
- United States v. MaturinCourt of Appeals for the Fifth Circuit · 2007
- United States v. ElsonCourt of Appeals for the Sixth Circuit · 2009
- United States v. Steven Ira CohenCourt of Appeals for the Fourth Circuit · 2006
- United States v. JonesCourt of Appeals for the Sixth Circuit · 2011
26 more not listed; retrieve them via the Exa API.