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U.S. v. MIGUEL

No. 94-10234.

49 F.3d 505 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Graden James MIGUEL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1995.

Attorney(s) appearing for the Case

Philip D. Bogetto, Honolulu, HI, for defendant-appellant.

Louis Bracco (argued) and Mark E. Recktenwald, Asst. U.S. Attys., Honolulu, HI, for plaintiff-appellee.

Before: ALDISERT, CHOY, and SCHROEDER, Circuit Judges.

ALDISERT, Circuit Judge.

The major question for decision is whether restitution is available as an additional penalty under 18 U.S.C. § 3663(a)(1) when a defendant is sentenced to a period of incarceration for a misdemeanor offense. Graden James Miguel originally was sentenced to a period of probation, including restitution, following a conviction for assault by striking, beating or wounding, in violation of 18 U.S.C...

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