112493P.pdf   02/27/2012  United States  v.  America Haileselassie
   U.S. Court of Appeals Case No:  11-2493
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Loken, Author, with Bright and Shepherd, Circuit Judges]
   Criminal case - Criminal law. Mailing a threatening communication in
   violation of 18 U.S.C. Sec. 876(c) is a crime of violence within the
   meaning of the Mandatory Victims Restitution Act; however, the
   government failed to offer evidence which would permit the district court
   to separate the costs of investigating and prosecuting the crime from the
   costs of determining whether the material mailed to police was, in fact,
   anthrax; nor did the government offer evidence clarifying whether the
   estimates of staff costs provided to the court in support of the restitution
   request reflected the Iowa State Hygienic Lab's internal labor costs (a
   legitimate measure of actual loss) or the external billing rates for these
   staff professionals, which might well be considered consequential damages
   that must be excluded from a restitution award; order of restitution
   reversed, with directions to enter an amended judgment that eliminates
   defendant's obligation to pay restitution to the Lab.