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U.S. v. MILLER

Nos. 88-2272, 89-1129.

900 F.2d 919 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Evan MILLER (88-2272) and Jonathan Miller (89-1129), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 9, 1990.

Attorney(s) appearing for the Case

F. William Soisson, Blondell Morey, Asst. U.S. Atty., Craig A. Weier, Office of the U.S. Atty., Detroit, Mich., for plaintiff-appellee.

Evan Miller, pro se.

Jonathan Miller, pro se.

Alan Ellis, Peter Goldberger (argued), Philadelphia, Pa., for petitioner-appellant.

Before KENNEDY and GUY, Circuit Judges, and ENGEL, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Defendants appeal from sentences of incarceration and restitution imposed after each pled guilty to two counts of mail fraud. They assert that the restitution ordered violated their plea agreements as well as the Victim and Witness Protection Act (VWPA), 18 U.S.C. §§ 3579 and 3580, and was imposed without adequate notice. We AFFIRM the incarceration portion of the sentence but REVERSE the restitution provisions and REMAND to the District...

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