Sixth Circuit Affirms Conviction and Restitution in Theft of Ontonagon Reservation Timber

Here is the opinion in United States v. Genschow.

The part of the opinion affirming restitution for a higher than market value of the timber is interesting:

Tribal land similarly holds unique value in that its pristine, natural condition allow tribes to partake in and to preserve tribal traditions. See Letter from Warren C. Swartz, President, KBIC, to U.S. Probation Office (July 1, 2009). Any court’s attempt to transform somehow this value into an actual market figure would most certainly be difficult and unreliable. Because we conclude the Eleventh Circuit’s analysis in Shugart was persuasive, we hereby adopt its rule and conclude that when destroyed property is unique or lacks an active market such that the actual cash value is unreliable or unavailable, using replacement value as a measure for restitution is proper under the MVRA. We therefore hold that the district court did not abuse its discretion in awarding restitution.

And the briefs:

Genschow Brief

Appellee Brief-Genschow

Genschow Reply

And, finally, the lower court opinion.