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U.S. v. GREEN

Nos. 10-50519, 10-50524.

722 F.3d 1146 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald GREEN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Patricia Green, Defendant-Appellant, Jeffrey F. Allen, Movant.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2013.

Attorney(s) appearing for the Case

Harold J. Krent (argued), Chicago-Kent College of Law, Chicago, IL; Marilyn E. Bednarski , Kaye, McLane & Bednarski, LLP, Pasadena, CA, for Defendants-Appellants.

Scott A.C. Meisler (argued), Criminal Division, Appellate Section, Lanny A. Breuer , Assistant Attorney General, John D. Buretta , Acting Deputy Assistant Attorney General, United States Department of Justice, Washington, D.C.; Andre Birotte, Jr. , United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Steve Cochran , Katten Muchin Rosenman, LLP, Los Angeles, CA, for Movant Jeffrey F. Allen.

Before: ALEX KOZINSKI, Chief Judge, M. MARGARET McKEOWN and MILAN D. SMITH, JR., Circuit Judges.

OPINION

KOZINSKI, Chief Judge:

Forget life and liberty. This appeal concerns another precious thing we take from criminal defendants: their money.

Defendants Gerald and Patricia Green claim the district court violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), when it ordered them to pay restitution without a jury's finding that there was "an identifiable victim or victims...

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