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U.S. v. SWENSON

No. 18-30215.

971 F.3d 977 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Ellen Suzann SWENSON, Claimant-Appellant, Douglas L. Swenson; Mark A. Ellison; Jeremy S. Swenson; David D. Swenson, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2020.

Attorney(s) appearing for the Case

Jed W. Manwaring (argued) and Christy A. Kaes , Evans Keane LLP, Boise, Idaho, for Claimant-Appellant.

William M. Humphries (argued), Assistant United States Attorney; Bart M. Davis , United States Attorney; United States Attorney's Office, Boise, Idaho; for Plaintiff-Appellee.

Partial Concurrence and Partial Dissent by Judge N.R. Smith.

OPINION

Following a conviction for wire and securities fraud, Douglas Swenson (Mr. Swenson) was ordered to pay restitution pursuant to the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. § 3663A. The government sought to enforce the restitution order pursuant to the Federal Debt Collection Procedures Act...

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