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U.S. v. GRANT

No. 12-4037.

715 F.3d 552 (2013)

United States of America, Plaintiff-Appellee, v. Nicole GRANT, a/k/a Nicole Jones, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 9, 2013.

Attorney(s) appearing for the Case

ARGUED: Patrick L. Bryant , Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Robert John Krask , Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff , Federal Public Defender, Alexandria, Virginia, Keith Loren Kimball , Assistant Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellant. Neil H. Mac-Bride , United States Attorney, Alexandria, Virginia, for Appellee.

Vacated by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge GREGORY joined. Judge SHEDD wrote a separate concurring opinion.

OPINION

TRAXLER, Chief Judge:

Nicole Grant appeals a district court order adding to her previously imposed sentence a new requirement that she apply all tax refunds and other money she receives from any "anticipated or unexpected financial gains" toward an outstanding restitution obligation imposed on her as part of her sentence for the crime of theft of government property. Concluding that the district court abused its discretion by later amending the original...

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