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U.S. v. DAYEA

No. 95-10007.

73 F.3d 229 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin DAYEA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1995.

Attorney(s) appearing for the Case

Sally Schneider Duncan, Assistant Federal Public Defender, Phoenix, Arizona, for defendant-appellant.

Elizabeth M. Overholt, Assistant United States Attorney, Phoenix, Arizona, for plaintiff-appellee.

Before: NORRIS, BEEZER, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Calvin Dayea appeals an award of restitution granted to Mrs. Susan Zesiger, the widow of Sgt. David Zesiger, an Arizona police officer killed while on duty by Dayea's drunken driving. We reverse the district court's restitution order in favor of Mrs. Zesiger because, although she lost more from Dayea's crime than any court order could ever replace, we conclude that she was not eligible under the Victim and Witness Protection Act (VWPA), 18 U...

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