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U.S. v. DOE

No. 03-10186.

374 F.3d 851 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. John DOE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2004.

Attorney(s) appearing for the Case

Jason F. Carr, Assistant Federal Public Defender, Las Vegas, NV, for the defendant-appellant.

John A. Drennan, Assistant U.S. Attorney, Washington, DC (argued), and Marc I. Osborne, U.S. Department of Justice, Washington, DC (briefed), for the plaintiff-appellee.

Before: FERGUSON, REINHARDT, and PAEZ, Circuit Judges.

FERGUSON, Circuit Judge:

John Doe challenges a restitution order entered against him on the ground that the government did not prove that the restitution amounts imposed reflected the losses of identified victims. He appeals from an amended judgment of conviction entered after a Fed.R.Crim.P. 35(b) resentencing. We hold that we may exercise jurisdiction over this appeal under both 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and remand to the District Court for...

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