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132589P.pdf   07/17/2014  United States  v.  Justin Lee Howard
   U.S. Court of Appeals Case No:  13-2589
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Kelly, Author, with Colloton and Shepherd, Circuit Judges] 
   Criminal case - Sentencing. Where the extortion charged in the case took 
   place on July 16-17, 2012, pre-July 16 conduct could be considered as 
   relevant conduct at sentencing as it was undertaken in preparation for the 
   offense; however, the pre-July 16 conduct cannot give rise to liability 
   for restitution and the only loss incurred during the dates of conviction 
   was the $100 provided by law; as a result, the restitution award must be 
   stricken from the judgment.