United States v. Cardozo, No. 21-1779 (1st Cir. 2023)
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In this case where Defendant was convicted of both cyberstalking and making interstate threats the First Circuit affirmed, as modified, the judgment of the district court ordering Defendant to pay restitution to the victim in the amount of $72,112.62, holding that modification was required.
Earlier, the First Circuit affirmed Defendant's sentence but left open the issue of restitution. The district court subsequently entered an amended judgment ordering Defendant to pay restitution. The First Circuit affirmed, holding (1) it was not clear or obvious error for the district court to rely on certain billing statements to support a restitution order; (2) Defendant was not entitled to relief on his arguments that the causal nexus for the restitution order was missing in this case; and (3) it was plain error for the district court to impose a restitution award that was "slightly higher" than the amount supported by the evidence, and therefore, the award must be modified to support a total of $68,041.19 in restitution.
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