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U.S. v. BARTON

No. 03-1112.

366 F.3d 1160 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Terry Lynn BARTON, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 4, 2004.

Attorney(s) appearing for the Case

John W. Suthers, United States Attorney, (Robert M. Russel, Assistant United States Attorney, with him on the briefs), Denver, CO, for the plaintiff-appellant.

Warren R. Williamson, Assistant Federal Public Defender, (Michael G. Katz, Federal Public Defender, with him on the brief), Denver, CO, for the defendant-appellee.

Before TACHA, Chief Circuit Judge, BRISCOE, Circuit Judge, and LUNGSTRUM, Chief District Judge.

BRISCOE, Circuit Judge.

Defendant Terry Lynn Barton pled guilty to setting fire to inflammable materials on federal lands, in violation of 18 U.S.C. § 1855, and making a false statement within the jurisdiction of the United States, in violation of 18 U.S.C. § 1001. The presentence investigation report (PSR), citing the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. § 3663A, recommended that Barton be ordered to reimburse the United States Forest...

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