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UNITED STATES v. WATCHMAN

No. 83-2256.

749 F.2d 616 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Morrell WATCHMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 7, 1984.

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.

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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