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U.S. v. HAIRSTON

No. 95-5771.

96 F.3d 102 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Delores Elease HAIRSTON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1996.

Attorney(s) appearing for the Case

ARGUED: Brian Lee Whisler, Assistant United States Attorney, Charlotte, North Carolina, for Plaintiff-Appellant. E. Fitzgerald Parnell, III, Poyner & Spruill, L.L.P., Charlotte, North Carolina, for Defendant-Appellee. ON BRIEF: Mark T. Calloway, United States Attorney, Asheville, North Carolina, for Plaintiff-Appellant.

Before MURNAGHAN and MOTZ, Circuit Judges, and LEGG, United States District Judge for the District of Maryland, sitting by designation.

Reversed and remanded by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge MURNAGHAN and Judge LEGG joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The Government appeals the district court's decision to depart from the Sentencing Guidelines due to the defendant's "extraordinary restitution." The defendant's restitution, offered to settle her civil liability to her employer, equaled less than half the amount she embezzled...

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