103540P.pdf   08/25/2011  United States  v.  Frank Michael Frazier
   U.S. Court of Appeals Case No:  10-3540
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Bye, Author, with Wollman and Shepherd, Circuit Judges]
   Criminal case - Criminal law. In a prosecution for arson, the district
   court erred in awarding restitution to aid agencies that provide temporary
   assistance to the victims of the arson as they were not victims for
   purposes of the Mandatory Victims Restitution Act; the agencies may,
   however, qualify as third persons entitled to reimbursement for the
   compensation they paid the victims; since it is unclear whether the
   agencies' payments were intended as compensation under 18 U.S.C. Sec.
   3664(j)(1), the matter must be remanded to the district court for further
   proceedings; however, it should be noted that if the agencies did provide
   such compensation, the amounts they provided do not increase the total
   restitution defendant owes because the amount owed is limited to actual
   loss suffered by the victims and any sums awarded to the third party
   agencies must be deducted from the amount awarded to the victims;
   amount of restitution paid to the home's insurer must be based on the
   tribal-housing authority's actual loss and not on the insurer's out-of-
   pocket cost; replacement value as a measure of loss is appropriate in only
   limited circumstances, which were not shown here, and on remand the
   district court should look to the market value of the property at the time
   of the loss; also on remand, the court should determine proper treatment
   of certain rent-to-own payments the housing authority retained.