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U.S. v. STANLEY

No. 01-50734.

309 F.3d 611 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Loyd Dean STANLEY, aka Dean Stanley, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2002.

Attorney(s) appearing for the Case

Gregory D. Obenauer, San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney (on brief), Carol C. Lam, United States Attorney (when opinion was filed), George D. Hardy, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before REINHARDT, TROTT and SILVERMAN, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge.

PacShip Repair and Fabrication Inc., the victim of a kickback scheme, suffered a loss of over $900,000. Because of an error at the time of defendant Loyd Stanley's plea, his restitution liability was capped at $500,000. Stanley's co-defendants paid over $300,000 in restitution, reducing PacShip's loss to nearly $600,000. In this appeal, Stanley maintains that the co-defendants' payments should have been deducted from his...

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