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U.S. v. Sosebee, No. 03-1923 (6th Cir.) (419 F.3d 451) (August 12, 2005) (Judge Martha Craig Daughtrey)

In this case the Sixth Circuit emphatically held that "restitution is not subject to Booker analysis because the statutes authorizing restitution, unlike ordinary penalty statutes, do not provide a determinate statutory maximum." In its detailed analysis of that restitution issue, the Court stated:

"It is true that under Sixth Circuit ...

 

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