U.S. v. Broughton-Jones, No. 94-5539 (4th Cir.) (71 F.3d 1143) (December 22, 1995) (Judge James Dickson Jr. Phillips)
Here the court reasoned that a restitution order which exceeded its authority under the VWPA is equivalent to an illegal sentence. The court then held that such a restitution order was "in excess of the maximum penalty provided by statute" and, therefore, the waiver of appeal was inapplicable to it. …
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