IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 20, 2013
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
The Order filed March 19, 2013 (ECF No. 53) is amended as follows:
In accordance with the Ninth Circuit's opinion filed March 18, 2013, the judgment entered on March 6, 2013, is vacated only with respect to the determination concerning restitution. A hearing is scheduled to commence at 9:00 a.m. on Friday, March 29, 2013, regarding the issue of restitution.
Further, each party and the Amy and Vicky victims are requested to file a brief concerning the "determin[ation of] an amount of restitution to be paid to Amy and Vicky" consistent with the Ninth Circuit's March 18, 2013 opinion and United States v. Kennedy, 643 F.3d 1251 (9th Cir. 2011), no later than March 27, 2013. The briefs should address the second and third determinations that the Ninth Circuit has indicated a district court must make in awarding restitution under 18 U.S.C. § 2259, i.e. "(2) that the defendant's offense was a proximate cause of the victim's losses . . . ; and (3) that the losses so caused can be calculated with 'some reasonable certainty.'" Kennedy, 643 F.3d at 1263 (internal citations omitted).
The Clerk of the Court shall serve a copy of this order on counsel for the victims by mail and facsimile as follows:
IT IS SO ORDERED.
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