U.S. v. STOERR

No. 11-2787.

695 F.3d 271 (2012)

UNITED STATES of America v. Norman STOERR. Sevenson Environmental Services,* Appellant. *pursuant to FRAP 12(a).

United States Court of Appeals, Third Circuit.

Filed: August 28, 2012.


Attorney(s) appearing for the Case

Lawrence S. Lustberg, Esq. , Gibbons P.C., Newark, NJ, for Appellant, Sevenson Environmental Services, Inc.

Minryu Kim, Esq. , Alan J. Bozer, Esq. , Phillips Lytle LLP, Buffalo, NY, for Appellant, Sevenson Environmental Services, Inc.

Mark E. Coyne, Esq. , Chief, Appeals Division, United States Attorney's Office, Newark, NJ, for Appellee, United States of America.

Sharis A. Pozen, Esq. , Acting Assistant Attorney General (Did not enter an appearance), Scott D. Hammond, Esq. , Deputy Assistant Attorney General (Did not enter an appearance), John P. Fonte, Esq. , John J. Powers, III, Esq. , Finnuala K. Tessier, Esq. , United States Department of Justice, Antitrust Division, Washington, DC, for Appellee, United States of America.

Before: AMBRO, VANASKIE and ALDISERT, Circuit Judges.


OPINION

VANASKIE, Circuit Judge.

Norman Stoerr was convicted of participating in an illegal bid rigging and kickback scheme in connection with his employment at Sevenson Environmental Services, Inc. ("Sevenson"). Sevenson, a non-party to the underlying criminal proceeding, voluntarily compensated one of Stoerr's victims, Tierra Solutions, Inc. ("Tierra"). At Stoerr's sentencing, Sevenson sought restitution under the Mandatory Victims Restitution Act ("MVRA...

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