United States v. Robl, No. 20-1790 (7th Cir. 2021)
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Robl, an unlicensed and uninsured asbestos abatement contractor, undertook asbestos removal and disposal in Minnesota and Wisconsin. He pleaded guilty to wire fraud for falsely holding himself out as a licensed and insured asbestos abatement contractor and to knowingly releasing asbestos into the ambient air by burning asbestos-containing material in burn piles and in burn barrels at his home. The district court sentenced Robl to 144 months in prison and entered judgment, noting that it had not yet determined a restitution amount. At Robl’s request, the court canceled the initial restitution hearing until after the disposition of his pending direct appeal. Robl dismissed his initial appeal with prejudice.
The district court then set a new restitution hearing. After a telephonic status hearing, at which Robl was not present but was represented by counsel, the hearing was again canceled. The district court subsequently ordered restitution of $94,031.41. Robl challenged the court’s jurisdiction to order restitution and the award amount and argued that the court denied him his rights to be present and to speak as guaranteed by Federal Rules of Criminal Procedure 43(a) and 32(i)(4). The Seventh Circuit affirmed. The district court had jurisdiction under the Mandatory Victims Restitution Act, 18 U.S.C. 3663A to enter the order and committed no error in adjudicating the amount of restitution.
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