U.S. v. BEDONIE

No. 04-4103.

413 F.3d 1126 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Levangela BEDONIE, Defendant Appellant.

United States Court of Appeals, Tenth Circuit.

June 27, 2005.


Attorney(s) appearing for the Case

Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with him on the briefs), Salt Lake City, UT, for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney (Paul M. Warner, United States Attorney, with her on the brief), District of Utah, Salt Lake City, UT, for Plaintiff-Appellee.

Before TACHA, Chief Judge, McKAY, and EBEL, Circuit Judges.


McKAY, Circuit Judge.

In this appeal, we address whether the district court had jurisdiction to re-open its restitution order, on its own motion, pursuant to the Mandatory Victims Restitution Act (MVRA) or the Victim and Witness Protection Act (VWPA), 18 U.S.C. § 3664(d)(5), or Federal Rule of Criminal Procedure 35(a).

On April 19, 2002, Defendant Ms. Bedonie, an enrolled member of the Navajo Indian Tribe, was driving under the influence of alcohol when...

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