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U.S. v. HAYES

No. 93-2472.

32 F.3d 171 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Carl HAYES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 31, 1994.

Attorney(s) appearing for the Case

Dola J. Young, Asst. Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Houston, TX, for appellant.

Michael Clark, Paula C. Offenhauser, James L. Turner, Asst. U.S. Attys., Gaynelle Griffin Jones, U.S. Atty., Houston, TX, for appellee.

Before REYNALDO G. GARZA, DeMOSS and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Appellant Patrick Carl Hayes ("Hayes") appeals that portion of his sentence requiring him to pay restitution. Having concluded that the district court erred in ordering restitution in this case, we will vacate the order of restitution, and remand the case to the District Court for resentencing.

FACTS

Hayes was charged in a three count indictment with possession of stolen mail; specifically, possession of three credit...

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