In a conviction of defendants for being accessories-after-the-fact to first degree murder, judgment holding the defendants jointly and severally liable for additional restitution to the victim's estate in the amount of $1,459,854.22 is vacated and remanded as, unless a plea agreement provides otherwise, an order of restitution under the (Mandatory Victims Restitution Act of 1996) MVRA is to be based upon the loss directly and proximately caused by the defendant's offense, and here, the restitution paragraphs in defendants' plea agreements do not provide a valid basis for the district court's decision holding them jointly and severally liable to the victim's estate under the MVRA for her lost future income from the Tribe and her lost future wages.
Argued: October 15, 2009
Decided: December 7, 2009
Opinion by Circuit Judge Hamilton
For Appellant: Randolph Marshall Lee
For Appellee: Jennifer A. Youngs, Office of the United States Attorney