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U.S. v. GIBBENS

No. 93-2203.

25 F.3d 28 (1994)

UNITED STATES of America, Appellee, v. Leroy GIBBENS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 1, 1994.

Attorney(s) appearing for the Case

William Maselli, Auburn, ME, for appellant.

Margaret D. McGaughey, Asst. U.S. Atty., with whom Jay P. McCloskey, U.S. Atty., and Raymond C. Hurley, Asst. U.S. Atty., Portland, ME, were on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

SELYA, Circuit Judge.

This appeal presents an unsettled question: is the government a "victim" within the purview of the Victim and Witness Protection Act, 18 U.S.C. §§ 3363-3364 (VWPA or the Act), and, thus, entitled to restitution, when it provokes the commission of a crime that, by design, directly results in depletion of public coffers? We answer this question in the negative, concluding that, in such circumstances, the sovereign is not entitled to restitution...

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