UNITED STATES v. MO. VALLEY CONST. CO.

No. 83-2188.

741 F.2d 1542 (1984)

UNITED STATES of America, Appellant, v. MISSOURI VALLEY CONSTRUCTION COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1984.


Attorney(s) appearing for the Case

William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Stephen F. Ross, Attys., Dept. of Justice, Washington, D.C., for appellant.

Robert B. Crosby, Donn E. Davis, Scott J. Norby of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, Neb., and Jill Jelinek, Peter Kiewit Sons, Inc., Omaha, Neb., for appellee.

Before LAY, Chief Judge, HEANEY, BRIGHT, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges.


BRIGHT, Circuit Judge.

This case presents the narrow question whether a federal district court may impose on a willing corporation as a condition of probation, in lieu of a fine, the requirement that it contribute money to a charitable organization that has not suffered actual damages or loss from the corporation's criminal offense. We conclude that the district courts lack authority to impose such conditions of probation. We overrule the decision of a panel of this...

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