132564P.pdf   07/16/2014  United States  v.  Paul F. Doering
   U.S. Court of Appeals Case No:  13-2564
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Colloton, Author, with Shepherd and Kelly, Circuit Judges] 
   Civil case - Sentencing. Defendant's appeal of his custodial sentence is 
   dismissed as he waived his right to appeal the reasonableness of his 
   sentence as part of his plea agreement; with respect to the restitution 
   order in the case, restitution was not authorized by the provisions of the 
   Mandatory Victims Restitution Act since the Act does not apply to his 
   tampering offense and the plea agreement did not provide a basis for an 
   award; an award under the Victim Witness Protection Act is permitted under 
   the circumstances, but an award under this Act can only be made after the 
   district court considers the defendant's financial resources; since that 
   was not done in this case, the restitution order must be vacated and 
   remanded for further proceedings.