U.S. v. Anderson

In prosecution on bank robbery charge, Dist. Ct. erred in imposing $3,676 restitution order, where said order included $2,107 in stolen money that was in govt.’s possession under circumstances where said money had been stained when red dye pack supplied by bank during robbery had exploded. Burden of establishing amount of loss sustained in robbery was on govt., and record failed to show whether stained currency was so badly damaged that it could not be replaced and returned to bank. As such, because bank could receive windfall to extent that it could obtain replacement currency, instant restitution order improperly exceeded proven loss to bank.