United States V. Lively

ZATKOFF, District Judge. Defendant-appellant Helen L. Lively*fn1 appeals the criminal sentence and restitution order imposed on her by the district court. Lively raises the following issues in her appeal: (1) whether the district court abused its discretion when it sentenced her to a term of imprisonment, in lieu of home confinement; (2) whether the district court abused its discretion when it ordered her to make restitution to the victims of her offense in the amount of the retail price of the mail-order items, as opposed to the wholesale price; and (3) whether the district court abused its discretion when it concluded that she had the ability to pay the order of restitution.