U.S. v. WILKINSON

No. 09-4018.

590 F.3d 259 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Paul WILKINSON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 4, 2010.


Attorney(s) appearing for the Case

ARGUED: Nickolai Gilford Levin, United States Department of Justice, Washington, DC, for Appellant. Gordon Mehler, Law Office of Gordon Mehler, PLLC, New York, New York, for Appellee. ON BRIEF: Scott D. Hammond, Acting Assistant Attorney General; Mark W. Pletcher, John F. Terzaken, Portia R. Brown, John J. Powers, III, United States Department of Justice, Antitrust Division, Washington, D.C., for Appellant. Rebecca Stack Campbell, Law Office of Gordon Mehler, PLLC, New York, New York, for Appellee.

Vacated and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge SHEDD joined. Judge MOON wrote a separate opinion concurring in part and dissenting in part.


OPINION

HAMILTON, Senior Circuit Judge:

In this appeal, the government challenges the probationary sentence of Paul Wilkinson (Wilkinson) in connection with his guilty plea to various fraud charges stemming from his participation in a government procurement fraud scheme involving aviation fuel contracts. The government also challenges the district court's failure to award the Defense Energy Support Center (DESC) $592,922.00 in restitution under the Mandatory...

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