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

111911P.pdf   03/29/2012  United States  v.  Shana Schmidt
   U.S. Court of Appeals Case No:  11-1911
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Shepherd, Author, with Chief Judge Riley, Circuit
   Judge, and Webber, District Judge
   Criminal Case - Mandatory Victim's Restitution Act. Restitution award
   to state medicare program under Mandatory Victim's Restitution Act is
   affirmed. State agencies are not victims under MVRA because it did not
   suffer direct or proximate harm, but state agencies qualify as an "other
   source" of compensation and are entitle to compensation. The district
   court did not err in ordering mandatory restitution, as the victim is
   covered by the MVRA, suffered a loss in the form of expensive medical
   treatment, and received compensation for her loss from third parties. 
   Thus the court was required to award restitution directly to those third
   parties, even if the third parties are state agencies.