United States v. Edward J. Brothers

KANNE, Circuit Judge. Defendant-appellant Edward J. Brothers was indicted on May 31, 1989, on three counts of fraudulently obtaining disability benefit checks from the United States in violation of 18 U.S.C. § 1341, and three counts of making false and fictitious statements to the United States Department of Labor in violation of 18 U.S.C. § 1001. The indictment alleged that Brothers engaged in a scheme to defraud the United States from December 1972, to March 25, 1987. On September 6, 1989, a jury found Brothers guilty on all counts. He was sentenced on November 9, 1989. Brothers challenges his conviction and the restitution order imposed by the district court during sentencing. He argues that the district court erred in failing to give a limiting instruction to the jury and that the restitution order exceeded the scope of his convictions and was impermissibly vague. We affirm his conviction but remand the restitution order for clarification of the exact amount of restitution.