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U.S. v. McHENRY

Nos. 90-10423, 90-10424.

974 F.2d 1031 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. David McHENRY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John GULDE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1991.

Amended May 19, 1992.

Attorney(s) appearing for the Case

Michael B. Scott, Crowe & Scott, Phoenix, Ariz., for defendants-appellants.

W. Allen Stooks, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before: BEEZER, HALL and WIGGINS, Circuit Judges.

ORDER

The opinion filed December 27, 1991, is amended as follows.

In 952 F.2d 328 (9th Cir.1991), at page 330, second full paragraph, column two, line 6 after "... itself.", insert new footnote 4 to read:

We recognize that 18 U.S.C. § 3664(a) leaves to the court the task of determining whether to award restitution and the appropriate amount of loss. Our opinion in no way assigns to the jury that determination...

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