United States v. R. Redding Construction Co., Inc.

967 F.2d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. R. REDDING CONSTRUCTION CO., INC., Defendant-Appellee. No. 91-30147. United States Court of Appeals, Ninth Circuit. June 9, 1992. As Amended July 30, 1992. Before EUGENE A. WRIGHT, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 At sentencing, the district court did not have the benefit of our opinion in United States v. Blue Mountain Bottling Co. of Walla Walla, 929 F.2d 526 (9th Cir.1991). In light of that decision, we must vacate the sentence and remand for resentencing. We find that both the $25,000 restitution and $75,000 community service requirements were invalid. 3 To allow such an order would stretch the concept of an offense's "victim" beyond the bounds of Blue Mountain. The record lacks evidence that any minority business suffered as a resutl of Redding's deception. But even assuming some did, the designed recipients here encompass far more than…