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U.S. v. HAMMER

No. 90-10386.

967 F.2d 339 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Brian Douglas HAMMER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted January 22, 1992.

Decided June 23, 1992.

Attorney(s) appearing for the Case

Eric R. Havian, Asst. U.S. Atty., Appellate Section, San Francisco, Cal., for plaintiff-appellant.

Brian D. Hammer, Pleasanton, Cal., for defendant-appellee.

Thomas W. Brunner, Wiley, Rein & Fielding, Washington, D.C., for amici curiae.

Before: CHOY, GOODWIN and CANBY, Circuit Judges.

PER CURIAM:

The government in this appeal argues that the district court erroneously reduced Brian Hammer's restitution from $265,000 to $20,000 on the theory that restitution under the Federal Probation Act must be limited to the loss caused by the particular conduct for which the defendant was convicted, rather than the total loss caused by the underlying scheme to defraud. We agree and reverse.

I. PROCEDURAL BACKGROUND

In 1986 Hammer was indicted...

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