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U.S. v. HARVEY

Nos. 07-4310, 07-4311.

532 F.3d 326 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth N. HARVEY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Michael G. Kronstein, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 14, 2008.

Attorney(s) appearing for the Case

ARGUED: Christopher M. Choate, McNabb Associates, P.C., Houston, Texas; Franklin B. Reynolds, Jr., Washington, Virginia, for Appellants. M. Kendall Day, Public Integrity Section, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: William M. Welch, II, Chief, Public Integrity Section, United States Department of Justice, Washington, D.C., for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KEELEY wrote the opinion, in which Chief Judge WILLIAMS and Judge WILKINSON joined.

OPINION

KEELEY, District Judge:

Following their convictions of two counts of honest services wire fraud and one count each of bribery, Appellants Kenneth Harvey ("Harvey") and Michael Kronstein ("Kronstein") (from time to time "Appellants"), appeal their convictions and sentences, including the trial court's orders of restitution. We affirm their convictions and sentences of incarceration. Because the district court's restitution orders were not based on...

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