U.S. v. CIENFUEGOS

No. 05-10201.

462 F.3d 1160 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Theodore Anthony CIENFUEGOS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2006.


Attorney(s) appearing for the Case

Paul K. Charlton, United States Attorney; John Joseph Tucki, appellate Deputy Chief; Linda C. Boone, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellant.

Martin Lieberman, Phoenix, AZ, for the defendant-appellee.

Before: RYMER and WARDLAW, Circuit Judges, and SELNA, District Judge.


OPINION

WARDLAW, Circuit Judge:

The Government appeals the district court's denial of its motion to order restitution for future lost income to a manslaughter victim's estate pursuant to the Mandatory Victims Restitution Act of 1996 ("MVRA"), 18 U.S.C. § 3663A(b)(2)(C). Because restitution for future lost income may be ordered under the MVRA so long as it is not based upon speculation, but is reasonably calculable, we reverse and remand to the district...

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