USA v. John Burns, III

USA v. John Burns, III

Plaintiff - Appellee:	UNITED STATES OF AMERICA
Defendant - Appellant:	JOHN T. BURNS, III
Case Number:	15-2824
Filed:	August 25, 2015
Court:	U.S. Court of Appeals, Seventh Circuit
Nature of Suit:	Other

Opinions

We have the following opinions for this case:

Date Filed	Description
December 12, 2016	United States v. Burns

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Available Case Documents

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Date Filed	Document Text
December 12, 2016	Filing 702898332 Filed opinion of the court by Judge Kanne. The jury verdict is supported by sufficient evidence, so we AFFIRM Burns's conviction. The district court erred, however, in using the full amount of the victims' loss to enhance Burns's sentence and ordering restitution without determining that Burns proximately caused that loss. Moreover, the district court also erred by ordering forfeiture in the full amount of the victims' loss without determining that Burns actually gained that full amount from his fraud. Accordingly, because the errors were plain, we must, and hereby do, VACATE Burns's sentence, restitution order, and forfeiture order, and REMAND those matters for resentencing proceedings consistent with this opinion. William J. Bauer, Circuit Judge; Michael S. Kanne, Circuit Judge and David F. Hamilton, Circuit Judge, dissenting. [6803822-1] [6803822] [15-2824]

Date Filed

Document Text

December 12, 2016

Filing 702898332 Filed opinion of the court by Judge Kanne. The jury verdict is supported by sufficient evidence, so we AFFIRM Burns's conviction. The district court erred, however, in using the full amount of the victims' loss to enhance Burns's sentence and ordering restitution without determining that Burns proximately caused that loss. Moreover, the district court also erred by ordering forfeiture in the full amount of the victims' loss without determining that Burns actually gained that full amount from his fraud. Accordingly, because the errors were plain, we must, and hereby do, VACATE Burns's sentence, restitution order, and forfeiture order, and REMAND those matters for resentencing proceedings consistent with this opinion. William J. Bauer, Circuit Judge; Michael S. Kanne, Circuit Judge and David F. Hamilton, Circuit Judge, dissenting. [6803822-1] [6803822] [15-2824]

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Plaintiff - appellee: UNITED STATES OF AMERICA
Represented By:	Matthew F. Madden
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Defendant - appellant: JOHN T. BURNS, III
Represented By:	Lisa M. Lopez
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