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U.S. v. DUNIGAN

No. 97-5980.

163 F.3d 979 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Kelvin L. DUNIGAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 8, 1999.

Attorney(s) appearing for the Case

Robert E. Lindsay, Alan Hechtkopf and Frank P. Cihlar (briefed), U.S. Department of Justice, Appellate Section Tax Division, Washington, D.C., Wayne A. Rich, Jr., Assistant U.S. Attorney, Chattanooga, Tennessee, for Plaintiff-Appellee.

Deirdra J. Brown (briefed), Perry H. Piper, Federal Public Defender Services of Eastern Tennessee, Inc., Chattanooga, Tennessee, for Defendant-Appellant.

Before: MERRITT and COLE, Circuit Judges; EDMUNDS, District Judge.

OPINION

COLE, Circuit Judge.

Defendant-Appellant Kelvin L. Dunigan appeals the district court's judgment which requires him to pay full restitution in the amount of $311,605. Dunigan argues that the district court abused its discretion by ordering full restitution because it did not adequately consider his financial condition and ability to pay. For the following reasons, we REVERSE the judgment...

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