684 F.3d 699 (7th Cir. 2012), 12-1364, United States v. Breshers

Docket Nº:12-1364.
Citation:684 F.3d 699
Opinion Judge:WOOD, Circuit Judge.
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Carey L. BRESHERS, Jr., Defendant-Appellant.
Attorney:Kit R. Morrissey (argued), Attorney, Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee. Phillip J. Kavanaugh, III, G. Ethan Skaggs (argued), Attorneys, Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.
Judge Panel:Before WOOD, SYKES, and TINDER, Circuit Judges.
Case Date:July 05, 2012
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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684 F.3d 699 (7th Cir. 2012)

UNITED STATES of America, Plaintiff-Appellee,

v.

Carey L. BRESHERS, Jr., Defendant-Appellant.

No. 12-1364.

United States Court of Appeals, Seventh Circuit.

July 5, 2012

Argued May 29, 2012.

Page 700

Kit R. Morrissey (argued), Attorney, Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

Phillip J. Kavanaugh, III, G. Ethan Skaggs (argued), Attorneys, Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.

Before WOOD, SYKES, and TINDER, Circuit Judges.

WOOD, Circuit Judge.

Following his convictions for kidnapping and interference with commerce by robbery, in violation of 18 U.S.C. §§ 1201(a)(1) and 1951, Carey Breshers received a sentence that included a restitution order of $44,618.50 pursuant to the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. § 3663A. On appeal, Breshers argues that the restitution was unauthorized because his victims did not suffer physical injury. Breshers failed to object to the order before the district court, however, and this omission leaves us with a record that was never properly developed on the question of the nature of the victims' injuries and associated expenses. Finding no plain error in the district court's order, we affirm.

I

On October 26, 2010, armed with a firearm, Breshers walked into World Finance, Inc., a consumer installment loan business in O'Fallon, Illinois. He instructed two World Finance employees, M.L. and T.A., to enter a back room in the building and asked them about their personal finances. The two employees told him they had no money. Breshers then asked them where the bank for World Finance is located, and they said South Carolina. He directed M.L. and T.A. to leave their cell phones, lock up the office, and get into T.A.'s Pontiac Grand Prix. T.A. was instructed to drive while he and M.L. sat in the backseat. Breshers told M.L. and T.A. that he needed money. T.A. suggested that they could get money from World Finance. He told her to drive back to the company's office and, once there, she wrote a check for $3,000 at his direction. They made two

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attempts to cash the check at a nearby bank, both unsuccessful.

At that point, M.L. and T.A. told Breshers that they had about $1,000 available at World Finance. Apparently willing to settle for this lower amount, Breshers ordered them to return to the office, where they gave him $1,104. After that, Breshers instructed them to get back into T.A.'s car and directed T.A. to drive to St. Louis, Missouri (a little less than 20 miles away). During the ride, he commented that he had committed a similar offense in Oklahoma and that his hostage had been freed unharmed. He did the same with...

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