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U.S. v. BENNS

No. 14-51207.

810 F.3d 327 (2016)

UNITED STATES of America, Plaintiff-Appellee v. Rickey Donnell BENNS, also known as Rickey D. Benns, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 6, 2016.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney (argued), U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Alexander Lee Calhoun (argued) Austin, TX, for Defendant-Appellant.

Before PRADO, SOUTHWICK, and GRAVES, Circuit Judges.

Rickey Benns appeals an order to pay restitution to the United States Department of Housing and Urban Development imposed under the Mandatory Victims Restitution Act. Because HUD is not a victim of Benns's convicted offense, the award of restitution is VACATED.

FACTS AND PROCEDURAL HISTORY

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