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U.S. v. GAMMA TECH INDUSTRIES, INC.

Nos. 99-50730, 99-50731 and 00-50009.

265 F.3d 917 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. GAMMA TECH INDUSTRIES, INC., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Michael J. Gallegos; Tidelands Testing, Inc., Defendants-Appellants. United States of America, Plaintiff-Appellee, v. Dean Stanley, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred June 7, 2000.

Resubmitted December 21, 2000.

Filed September 12, 2001.

Attorney(s) appearing for the Case

Howard B. Frank, San Diego, California, for the defendant-appellant Gamma Tech Industries, Inc.

Timothy K. MacNeil, San Diego, California, for the defendants-appellants Michael J. Gallegos and Tidelands Testing, Inc.

Gregory D. Obenauer, San Diego, California, for the defendant-appellant Dean Stanley.

Patrick O'Toole, United States Attorney, George D. Hardy, Assistant United States Attorney, San Diego, California, for plaintiff-appellee United States.

Before: KOZINSKI, T.G. NELSON and WARDLAW, Circuit Judges.

KOZINSKI, Circuit Judge:

The district court, as part of its sentence, ordered the defendants to pay restitution totaling close to $1 million. The government did not ask for restitution; in fact, it objected. The district court nevertheless ordered restitution at the behest of a private party who claimed it was damaged by the defendants' criminal misconduct. We consider whether, and subject to what limitations, the district court may order restitution when the government...

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