(DOWNLOAD) "United States v. Mikels" by Ninth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Mikels
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 05, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Mikels was convicted of bank fraud. His sentence included an order that he make restitution to the bank. He appealed other aspects of the case, but not the restitution order. His appeal was dismissed as moot. Subsequently, Mikels moved to vacate, correct or set aside his sentence under 18 U.S.C. S 2255 on two grounds. Mikels argued that the restitution order was mistaken and that the supervised release term was too long. The probation officer had written a particularly careful presentence report pursuant to which the judge sentenced Mikels to repay the bank, and to serve a long term of supervised release so that he could be kept under supervision for long enough to repay the bank. Mikels argued that a civil settlement he had made with the bank, which did not speak expressly to the criminal case, had the effect of settling the restitution claim.
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