Baggett

Defendants-appellants Joann Baggett, Curtis Burney, Victoria Hayes, and Mark Grzesczuk were convicted of multiple counts of aiding and abetting wire fraud. 18 U.S.C. §§ 1343 ,2. They worked as telemarketers for a fraudulent telemarketing operation in Las Vegas, Nevada, called “Say No Now, Inc.” (“SNN”). Baggett and Grzesczuk appeal their convictions and sentences. Burney and Hayes appeal their sentences.

We have jurisdiction over the timely appeals under 28 U.S.C. § 1291 . We remand for resentencing so that the district court may explain which statute it relied upon in ordering restitution and conform the restitution orders to the requirements of that statute.

I. BACKGROUND

From July of 1994 through November of 1995, appellants induced victims to send money to SNN by telling them that in order to receive a valuable award they had won, they had to make a charitable donation to SNN to help keep children away from drugs and alcohol. Almost none of the $1.2 million that SNN collected went to charitable causes. In addition, the victims were given prizes worth only about 15% of the money they sent to SNN.

After their convictions for aiding and abetting wire fraud, appellants…