01-3614 United States of America v. Nathaniel Mapp

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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01-3614
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UNITED STATES OF AMERICA
v.
NATHANIEL MAPP,
Appellant
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ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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(D.C. Crim. No. 01-cr-00178-2)
District Judge: The Honorable Harvey Bartle, III
Submitted Under Third Circuit Rule 34.1(a)
September 15, 2003
Before: ALITO, AMBRO, and CHERTOFF, Circuit Judges
(Filed: September 30, 2003)
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OPINION
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ALITO, Circuit Judge:

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In this appeal, Nathaniel Mapp argues that the District Court committed plain error
in failing to provide in its order of restitution that Mapp and his coconspirators were
jointly and severally liable. Mapp fears that the order will be interpreted to require him to
pay restitution for the full amount of the victim’s loss regardless of amounts paid by his
coconspirators.
The government responds to Mapp’s argument as follows:
Although the record of Mapp’s case does not explicitly set forth that the
restitution obligation was to be joint and several with his other co-
defendants, it is clear from an examination of the criminal judgment entered
in the co-defendant’s case that it was the intent of the District Court to
make Mapp’s restitution obligation of $211,000 joint and several with that
of his co-defendants, Nathaniel Williams, William Alan, Rhonda Kersey
and Clifton Anthony Reeves.
Brief for Appellee at 13. Accordingly, the government concedes that a remand for
clarification of the scope of the restitution order is appropriate.
For these reasons, the judgment of the District Court is vacated insofar as it
requires the appellants to pay restitution, and the case is remanded for the entry of a new
order of restitution that addresses the question of joint and several liability.

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TO THE CLERK OF THE COURT:
Kindly file the foregoing Opinion .
/s/Samuel A. Alito
Circuit Judge

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