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                        as a courtesy to the reader. They are not part of the opinion of the court.

071355P.pdf   02/01/2008  United States  v.  James Chalupnik
   U.S. Court of Appeals Case No:  07-1355
   District of North Dakota - Fargo   
   [PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit
   Judges]
   Criminal case - Sentencing. In scheme where defendant took CDs and
   DVDs the Postal Service had marked as undeliverable to BMG Columbia
   House's customers, BMG Columbia House was a victim of the scheme
   for purposes of the Mandatory Victim Reimbursement Act; however, the
   Government failed to prove that BMG lost suffered lost profits, and the
   district court erred in imposing restitution on the basis of the record
   before it; on remand, the district court has discretion to reconsider the
   restitution issue on an expanded sentencing record as well as its previous
   decision not to impose a fine.