United States v. Lee Baker, Jr.

MEMORANDUM

Lee Baker, Jr., pled guilty to twelve counts of making false statements to influence a financial institution, in violation of 18 U.S.C. § 1014 . Baker’s plea agreement provided that the district court would determine the amount of restitution. Baker challenges the district court’s Corrected Order of Restitution, which required him to pay $8,089,128.86. The district court ordered $789,128.86 to be paid to the Denali Alaskan Federal Credit Union, and $2.3 million to be paid to the CUMIS Insurance Society (CUMIS). We have jurisdiction under 28 U.S.C. § 1291 and affirm in part, reverse in part, and remand to the district court for proceedings consistent with this disposition.

1. Under the Mandatory Victims Restitution Act of 1996 (MVRA), a “court shall order ... that the defendant make restitution to the victim of the offense.” 18 U.S.C. § 3663A(a)(1). A district court may “exercise its discretion in fashioning a restitution order.” Id. § 3664(a). The government bears the burden of proving by a preponderance of the evidence the amount of loss sustained by the victim as a result of the offense. Id. § 3664(e). “Speculation and rough justice are not permitted” when…