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U.S. v. MANNING

No. 07-5035.

526 F.3d 611 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Patrick MANNING, Jr., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 16, 2008.

Attorney(s) appearing for the Case

Kevin R. Gingras, Criminal Division, Appellate Section, United States Department of Justice, Washington, D.C. (with David C. O'Meilia, United States Attorney, and Shannon L. Henson, Assistant United States Attorney, Northern District of Oklahoma), for Plaintiff-Appellant.

Martin G. Hart, Tulsa, OK, for Defendant-Appellee.

Before HENRY, Chief Judge, HOLLOWAY, and GORSUCH, Circuit Judges.

HENRY, Chief Judge.

After he pleaded guilty to misappropriating funds as a fiduciary, the district court sentenced Mr. Manning to 37 months' imprisonment and ordered restitution in the amount of $26,437.34. About three years later, the government determined that Mr. Manning failed to include his $40,000 401(k) retirement account in his statement of net worth, which the probation officer had used to prepare the presentence report (PSR) for the misappropriation conviction...

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