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Restitution Order

7th Circuit Court of Appeals

Case Name: United States of America v. Ana Alverez

Case No.: 21-1119

Officials: FLAUM, EASTERBROOK, and KIRSCH, Circuit Judges.

Focus: Restitution Order

In 2019, a jury convicted Ana Alverez of thirteen counts stemming from her participation in a scheme involving the creation of hundreds of fake credit cards. Alverez appeals the second restitution order entered in this case. We vacated the first when the government agreed with Alverez that certain discrepancies required the district court to revise it. Now, the government again agrees that the restitution order must be vacated and remanded, although it does not agree that we need to decide all the issues Alverez raises.

Accordingly, the second restitution order is vacated and remanded for the reasons on which the parties agree: because the restitution order did not address Alverez’s argument for joint and several liability, nor her apparent indigency. We do not reach Alverez’s arguments concerning whether a second sentencing hearing was required by 18 U.S.C. § 3553(c) or the Constitution; on remand, however, the district court in its discretion may now elect to hold a hearing before entering a revised restitution order.

Vacated and remanded

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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