Pileggi argued that the Fourth Circuit’s mandate to the district court remanded the case solely to correct the prison sentence (the district court reduced the 50-year sentence to 25 years) that allegedly violated the extradition agreement the government made with Costa Rica, where the sweepstakes scheme was operated; the restitution amount was not addressed in the direct appeal. The Fourth Circuit “unhesitatingly conclude[d]” that the mandate rule barred the district court from reconsidering the restitution order on remand.
Monday, January 14, 2013
Mandate Rule prevents district court from considering restitution award in case on remand
US v. Pileggi: In this appeal, the Fourth Circuit considers whether the district court had the authority to reconsider a restitution award in a remanded case. Previously, in a companion, unpublished opinion, the Fourth Circuit determined that the district court erred in sentencing the defendant, Giuseppe Pileggi, to 50 years of imprisonment for his role in a fraudulent sweepstakes scheme. The Fourth Circuit here determined that the district court lacked authority to reconsider the amount of restitution on remand, and reinstated the district court’s original restitution amount ($4,274,078.40).
Posted by Kristen Leddy at 1/14/2013 01:54:00 PM