2:10-cr-20403-NGE-MKM Doc # 608 Filed 08/03/17 Pg 1 of 2 Pg ID 17472

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, Case No. 10-20403

v.
Honorable Nancy G. Edmunds
KWAME KILPATRICK,

Defendant.
/

ORDER VACATING THE RESTITUTION HEARING SET FOR AUGUST 23, 2017
[606]

This matter is before the Court pursuant to a remand of this Court's restitution order

as to Defendant Kwame Kilpatrick. United States v. Kilpatrick, 798 F.3d 365, 388-91 (6th

Cir. 2015). In the order remanding the case, the Sixth Circuit instructed that this Court

could recalculate the restitution award through the following means: "On remand, the

district court may (1) request the government to submit additional evidence; (2) hold an

evidentiary hearing; and (3) conduct further proceedings limited to the restitution award

consistent with this opinion." Id. at 390 (emphasis added). The Sixth Circuit further noted:

"The record as it exists contains some evidence the district court may use to establish

actual loss." Id. at 391 n.3.

Both parties have filed briefs responding to the remand. (Dkt. 581; Dkt. 591; Dkt.

607.) Neither requests a hearing, and both suggest that the matter can be resolved based

on their submissions and the existing record. In its supplemental brief, the Government

explicitly claims that a restitution hearing is unnecessary. This Court agrees that it can
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comply with the remand order without holding a hearing, so the hearing set for August 23,

2017 is VACATED as unnecessary. A separate ruling on the merits will issue in the future.

SO ORDERED.

S/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge

Dated: August 3, 2017

I hereby certify that a copy of the foregoing document was served upon counsel of
record on August 3, 2017, by electronic and/or ordinary mail.

S/Carol J. Bethel
Case Manager