Legal Opinion
United States v. Jesse Kaplan
Court of Appeals for the Ninth Circuit
Decided October 7, 2016No. 15-30213; 15-30225PublishedCited by 12 opinions
1Opinion of the Court
OPINION
EZRA Senior District Judge:
Appellants Jesse Kaplan (“Kaplan”) and Daniel Strycharske (“Strycharske”) appeal their 36-month sentence of imprisonment and final judgment of restitution in the amount of $2,771,929 on the ground that the district court erred by calculating the restitution award using replacement value instead of fair market value. We have jurisdiction under 28 U.S.C. § 1291.
We hold that district courts have discretion in calculating restitution,, and that while fair market value generally provides the best measure to ensure restitution in the full amount of. the victim’s…
2Cases cited18 opinions
- United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
- Gonzales v. RaichSupreme Court of the United States · 2005
- Hughey v. United StatesSupreme Court of the United States · 1990
- United States v. Zameer Nooralla Mohamed, AKA Al, AKA Samier Hussain, AKA Zameer MohamedCourt of Appeals for the Ninth Circuit · 2006
- United States v. Robert S. GordonCourt of Appeals for the Ninth Circuit · 2004
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. Dominic Demarcus SteeleCourt of Appeals for the Fourth Circuit · 2018
- United States v. Sri WijegoonaratnaCourt of Appeals for the Ninth Circuit · 2019
- United States v. HowardCourt of Appeals for the Tenth Circuit · 2018
- United States v. Marites BarrogoCourt of Appeals for the Ninth Circuit · 2023
- United States v. Stephen BagleyCourt of Appeals for the Eighth Circuit · 2018
7 more not listed; retrieve them via the Exa API.