United States v. Murphy

MEMORANDUM *

James Robert Murphy appeals the district court’s order requiring payment of restitution to the City of Seattle in the amount of $12,297.23. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, and reverse and remand in part for a proper determination of the amount of restitution. Because the parties are familiar with the facts, we do not recount them here.

*315 The district court had statutory authority under 18 U.S.C. § 3563 (b) to order restitution as a discretionary condition of probation for the offenses Murphy committed. 1 The district court properly concluded that the City of Seattle was a victim even though it was not named in the indictment. 2 The district court also properly concluded that Murphy’s conduct directly caused losses to the City. 3 Finally, the Government did not have to prove the amount of the City’s losses to a jury. 4 Accordingly, we affirm in part as to these issues.

The district court, however, abused its discretion by ordering restitution in the amount the City claimed. 5 The City sought restitution for costs it incurred in dealing with all of the e-mails Murphy sent, not just the two e-mails to which he pleaded guilty to…