Attorney(s) appearing for the Case
Martin J. McClain, Cheyenne, Wyo., for defendant-appellant.
William J. Eichelberger, Asst. U.S. Atty., D. of Wyo. (Richard A. Stacy, U.S. Atty., David A. Kern, Asst. U.S. Atty., Cheyenne, Wyo., on the brief), for plaintiff-appellee.
Before SETH, BARRETT and SEYMOUR, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SETH, Circuit Judge.
This appeal is from a motion to reduce defendant's sentence insofar as it included an order of restitution in the amount of $13,556.88 to the victim for medical treatment for physical injuries.
The appellant challenges the constitutionality of the statute authorizing restitution (18 U.S.C. § 3579 and § 3580), the amounts, and procedure used.
The basic constitutional issue has been considered by the Eighth Circuit in ...
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