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In the Courts
Eleventh Circuit Finds Reimbursed Parties to Be Victims for Sentencing Purposes
In United States v. Lee, Nos. 04-12485, 04-13673, 2005 WL 2446229 (11th Cir. Oct. 05, 2005) the Eleventh Circuit held, in a case of first impression in the circuit, that a victim who has reduced or eliminated his loss by recovering collateral remains a victim for the purpose of determining the appropriate sentence enhancement under ' 2B1.1(b)(2)(A) of the Sentencing Guidelines. In doing so, the Eleventh Circuit both distinguished and criticized the only other circuit opinion to address the issue of reimbursed victims, United States v. Yagar, 404 F.3d 967 (6th Cir. 2005).
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