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U.S. v. NOVAK

No. 04-55838.

476 F.3d 1041 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Raymond P. NOVAK, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2007.

Attorney(s) appearing for the Case

Brent A. Whittlesey, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellant.

Martin S. Bakst, Encino, California, for the defendant-appellee.

Before MARY M. SCHROEDER, Chief Circuit Judge, HARRY PREGERSON, STEPHEN REINHARDT, ANDREW J. KLEINFELD, MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, BARRY G. SILVERMAN, M. MARGARET McKEOWN, KIM McLANE WARDLAW, WILLIAM A. FLETCHER, RICHARD A. PAEZ, MARSHA S. BERZON, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, and JAY S. BYBEE, Circuit Judges.

BERZON, Circuit Judge.

We are asked to determine whether — and if so, under what circumstances — a criminal defendant's retirement benefits are available as a source of funds to compensate crime victims. Answering these questions requires reconciling two federal statutory schemes — one, the Mandatory Victims Restitution Act of 1996 ("MVRA"), Pub.L. No. 104-132, 110 Stat. 1227, governing the payment of restitution to crime victims, and the other...

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