Legal Opinion
United States v. Gibbens
Court of Appeals for the First Circuit
Decided June 1, 1994No. 93-2203PublishedCited by 98 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal presents an unsettled question: is the government a “victim” within the purview of the Victim and Witness Protection Act, 18 U.S.C. §§ 3363-3364 (VWPA or the Act), and, thus, entitled to restitution, when it provokes the commission of a crime that, by design, directly results in depletion of public coffers? We answer this question in the negative, concluding that, in such circumstances, the sovereign is not entitled to restitution under the Act. At the same time, we resolve a more pedestrian sentencing issue which, although much bruited by appellant, has…
2Cases cited35 opinions
- United States v. BassSupreme Court of the United States · 1971
- Chapman v. United StatesSupreme Court of the United States · 1991
- Hughey v. United StatesSupreme Court of the United States · 1990
- State v. HernandezIdaho Court of Appeals · 1991
- United States of America, Ex Rel. Springfield Terminal Railway Company David A. Fink v. Francis X. QuinnCourt of Appeals for the D.C. Circuit · 1994
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3Cited by98 opinions
- United States v. Nippon Paper Industries Co., Ltd.Court of Appeals for the First Circuit · 1997
- United States v. BakerCourt of Appeals for the Ninth Circuit · 1995
- In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1Court of Appeals for the First Circuit · 1995
- United States v. VakninCourt of Appeals for the First Circuit · 1997
- United States v. MontoyaCourt of Appeals for the First Circuit · 1995
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