UNITED STATES OF AMERICA, v. RADU MICLAUS - Articles

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Posted by: Azya Thornton on May 29, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Catherine Adinaro Shusky, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant.

Attorneys 2: ARGUED: Laura McMullen Ford, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

Attorneys 3: ON BRIEF: Catherine Adinaro Shusky, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant.

Attorneys 4: ON BRIEF: Laura McMullen Ford, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

Judge(s): WHITE, LARSEN, and NALBANDIAN, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Cleveland

HELENE N. WHITE, Circuit Judge. Defendant Radu Miclaus appeals the imposition of a $853,651.99 restitution obligation on resentencing after remand, arguing that the government affirmatively waived restitution, he was not provided with the underlying information on which the restitution amount was based, and the imposition of restitution for the first time on remand was vindictive and violated his due process rights. We AFFIRM the imposition of restitution but VACATE and REMAND for resentencing on the amount of restitution.

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