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U.S. v. REED

No. 95-10118.

80 F.3d 1419 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Andre M. REED, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1996.

Attorney(s) appearing for the Case

Joyce L. Boudreaux, argued, Larry Kupers, briefed, Assistant Federal Public Defender, San Francisco, California, for defendant-appellant.

Martha Boersch, Assistant United States Attorney, Oakland, California, for plaintiff-appellee.

Before GOODWIN and REINHARDT, Circuit Judges, and KING, District Judge.

REINHARDT, Circuit Judge:

This case presents the question of whether a judge may order restitution under the Victim Witness Protection Act, 18 U.S.C. §§ 3663-64, for conduct that is not an element of the offense of conviction. We hold that he may not, with one exception that is not applicable in this case.1 Accordingly, we vacate the restitution order. On a wholly separate issue, we affirm the district court's decision to enhance...

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