In an obstruction of justice prosecution, the restitution portion of Defendant's sentence is affirmed, where 1) the district court's application of the Mandatory Victims Restitution Act to determine defendant's restitution obligation did not violate the Ex Post Facto Clause; and 2) the plea colloquy indicated that the parties intended to include a broader range of acts in the offense of conviction than those related solely to the conspiracy to obstruct the grand jury investigation.
Appellate Information
Argued: June 18, 2009
Decided and Filed: August 21, 2009
Judges
Opinion by Judge Clay
Counsel
For Appellant:
Roger L. Kleinman, McDonald Hopkins LLC, Cleveland, OH
For Appellee:
Brenda S. Shoemaker, Assistant United States Attorney, Columbus, OH