What is the range of damages that a defendant can expect to receive from his co-conspirator in a criminal case?

MultiRegion, United States of America

The following excerpt is from United States v. Gushlak, Docket No. 12-1919-cr (2nd Cir. 2013):

7. As a general matter, restitution is permitted "only for an amount of loss caused by the specific conduct forming the basis for the offense of conviction," United States v. Silkowski, 32 F.3d 682, 688 (2d Cir. 1994), although the parties may provide otherwise in their plea agreement, id.; 18 U.S.C. 3663A(a)(3), 3664(a). We have in the past, exercising plain error review, affirmed a restitution award imposing joint and several liability "payable by all convicted co-conspirators in respect of damage suffered by all victims of a conspiracy, regardless of the facts underlying counts of conviction in individual prosecutions." United States v. Boyd, 222 F.3d 47, 50-51 (2d Cir. 2000) (per curiam).

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