U.S. v. ESPINOZA

No. 11-50369.

677 F.3d 730 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas ESPINOZA, also known as Nick Espinoza, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 17, 2012.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. and Ellen A. Lockwood , Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

Donna F. Coltharp , Asst. Fed. Pub. Def., Henry Joseph Bemporad , Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and OWEN and HIGGINSON, Circuit Judges.


OWEN, Circuit Judge.

Defendant Nicholas Espinoza appeals from his sentence after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Because restitution to a pawn shop to which Espinoza sold stolen firearms that he unlawfully possessed was not authorized by 18 U.S.C. § 3663 under the facts of this case, we vacate and remand for resentencing. We additionally conclude that the district court plainly erred in calculating...

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