172382P.pdf   11/06/2018  United States  v.  Stephen Bagley
   U.S. Court of Appeals Case No:  17-2382
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Loken, Author, with Wollman and Colloton, Circuit Judges] 
   Criminal case - Sentencing. Defendant's appeal waiver was valid and would 
   be enforced as to his challenge to his criminal history score; his 
   challenge to a restitution award falls outside the waiver. During 
   defendant's flight in a carjacked vehicle a dog in the car was killed, and 
   the owner of the dog sought $14,999 in restitution for the loss of the 
   dog. The district court awarded the owner $1,000. Restitution for the loss 
   of the dog, "Mister," was properly based on the provisions of the 
   Mandatory Victims Restitution Act addressing lost or destroyed property; 
   the proper measure of damages is the replacement cost of the pet; the 
   government presented no evidence on the dog's replacement cost or value, 
   only a speculative estimate of the costs of raising Mister; as a result, 
   the amount of restitution awarded for Mister was unsupported by the 
   evidence and must be reversed. Judge Colloton, concurring part and 
   dissenting in part.