United States v. Lorry Joy Orr

I. FACTS

Orr was charged with nine counts of embezzling a total of $3,715 from two banks that had employed her, in violation of 18 U.S.C. § 656 . She pleaded not-guilty to all counts.

Pursuant to plea negotiations, Orr pleaded guilty to a superseding indictment charging two misdemeanor counts of embezzlement of $100 from each bank. All other charges were dismissed. The plea agreement contained no reference to restitution, and specifically provided that the prosecution would take no position as to sentencing.

According to the presentence report, Orr admitted taking approximately $3,815. At the presentence interview, she expressed her belief that restitution could be ordered only in the amount of the superseding indictment. There is no indication in the record that Orr agreed to restitution of the amount originally charged as a condition of probation.

Orr was then sentenced to 90 days incarceration on count one. Imposition of sentence on count two was suspended with five years probation and two special conditions of probation. The probation condition challenged here requires restitution of $3,815, in such amounts and at such times as directed by the probation officer.

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