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Federal Restitution Order Upheld
to pay $50,000 in restitution following her conviction for credit card
fraud. Several convictions later, a federal district court in Louisiana, as
a parole condition, ordered her to pay the restitution in North Carolina,
under authority of 18 U.S.C. § 3583(d).
On appeal, the U.S. Court of Appeals for the 5th Circuit considered Love's
argument that the district court couldn't order her to pay the North
Carolina restitution because it was beyond the scope of the Louisiana
conviction, thus, prohibited by 18 U.S.C. § 3563(b)(2). The 5th Circuit
agreed that the district couldn't have imposed the condition under
authority of § 3563(b)(2), but since it did so under the catch-all
provision of § 3583(d), it properly imposed the condition. The 5th Circuit
then affirmed the district court's imposition of the condition. See: United
States v. Love, 431 F.3d 477 (5th Cir. 2005).
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