United States of America v. Barbara Jean Dennis

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BARBARA JEAN DENNIS,
Defendant-Appellant.
No. 16-10437
D.C. No. 2:10-cr-00091-KJD
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
Barbara Jean Dennis appeals from the district court’s judgment and
challenges the $80,952.41 restitution order and $10,000 fine imposed following her
guilty-plea conviction for bankruptcy fraud, in violation of 18 U.S.C. § 157(1).
We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 16 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-10437
Dennis contends that the restitution order fails to comport with the
Mandatory Victims Restitution Act, 18 U.S.C. §§ 3663A-3664. The government
concedes error and affirmatively waives the opportunity to seek a new restitution
order on remand. We agree there was error and vacate the restitution order and
remand for the district court to strike it from the judgment.
Upon remand, the district court shall also reconsider the fine imposed
under the factors specifically set forth in 18 U.S.C. § 3572(a).
VACATED and REMANDED.

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