US v. Spear, No. 06-1296
In a criminal matter involving a defendant who worked as a federal immigration employee responsible for the intake of certain immigration applications, and who kept the accompanying fees but threw the applications in the trash, a sentence for embezzlement of government funds in excess of $1,000 is reversed and remanded where defendant's position lacked the authority and discretion required for the abuse of public trust sentence enhancement

An order requiring defendant to pay restitution for credit card fraud is vacated

US v. Gordon, No. 04-6384
An order requiring defendant to pay restitution for credit card fraud is vacated and remanded where: 1) contrary to the government's argument that defendant had waived her right to appeal the amount of restitution via her appellate waiver in her plea agreement, she could appeal the restitution order; and 2) the amount of restitution ordered exceeded the statutory amount permissible under the Mandatory Victim Restitution Act (MVRA) because it awarded amounts for losses to other victims in addition to the victim of the offense to which she pled guilty.