HUGHEY – Appellant
Versus
UNITED STATES, (1990) – Respondent
Pursuant to a plea agreement, petitioner Hughey pleaded guilty to using one unauthorized MBank credit card. Under the restitution provisions of the Victim and Witness Protection Act of 1982 (VWPA) - which authorize federal courts to order "a defendant convicted of an offense" to "make restitution to any victim of such offense," 18 U.S.C. 3579(a)(1) (1982 ed., Supp. IV) - the District Court ordered Hughey to pay $90,431 in restitution, the total of MBanks losses relating to his alleged theft and use of 21 cards from various MBank cardholders. Denying Hugheys motion to reduce and correct his sentence, the court rejected his argument that it had exceeded its authority in ordering restitution for offenses other than the offense of conviction. The Court of Appeals affirmed.
Held:
A VWPA restitution award is authorized only for the loss caused by the specific conduct that is the basis of the offense of conviction. Pp. 415-422.
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