United States v. Gerald Green

OPINION

KOZINSKI, Chief Judge:

Forget life and liberty. This appeal concerns another precious thing we take from criminal defendants: their money.

Defendants Gerald and Patricia Green claim the district court violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), when it ordered them to pay restitution without a jury’s finding that there was “an identifiable victim or victims” who suffered a “pecuniary loss” — findings required to trigger restitution under the Mandatory Victims Restitution Act. Though oUr caselaw holds that Apprendi doesn’t apply to restitution…