United States v. Jacob De La Fuente

Jacob De La Fuente pled guilty to two counts of mailing threats to injure in violation of 18 U.S.C. § 876 (c). Pursuant to the Mandatory Victims Restitution Act of 1996 (MVRA), 18 U.S.C. § 3663A, the district court ordered De La Fuente to pay $39,492.56 in total restitution to the United States Postal Service (USPS), the Los An-geles County Fire Department’s Hazardous Materials Division (LA HazMat) and the Los Angeles County Health Department (LAHD). De La Fuente challenges the district court’s restitution order on appeal. He argues that the MVRA does not apply because his was not a “crime of violence.” He also argues that USPS, LA HazMat and LAHD do not qualify as victims entitled to restitution under the MVRA. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

On October 15 and 16, 2001, De La Fuente mailed two letters that contained a white powder and that included notes with the following text: “Surprise Anthrax Yor[sic] it Die Bitch.” De La Fuente sent his first letter to Diane Olin, a former boss. He sent his second letter to Laura Caudillo, a former girlfriend.

A USPS employee at a mail processing and distribution center in California found the letter…