A remand for resentencing does not authorize the sentencing court to order increased restitution, according to the Fourth Circuit. In United States v. Pileggi, the defendant had been sentenced to 600 months of incarceration and was ordered to pay $4.2 million in restitution for his participation in a fraudulent sweepstakes scheme. The defendant appealed his prison sentence, and the Fourth Circuit vacated his sentence and remanded for resentencing. On remand, the district court sentenced him to 300 months' incarceration and ordered him to pay $20.7 million in restitution. The defendant appealed the restitution increase. The Fourth Circuit agreed, vacating the new restitution award and holding that the government had waived its appeal of the issue after the original sentencing. In short, the court ruled "the [original Fourth Circuit] opinion limited the district court to correcting only the incarceration term of Pileggi's sentence."
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