Ojin Kim v. United States

In cases where the methodology to calculate the guidelines range for sentencing mirrors the methodology to calculate the restitution amount, if a challenge to the restitution order is not barred from appellate review due to factually insufficient evidence, whether the sentence should also be reviewable on appeal.

When a Circuit court holds that the restitution order should be vacated due to flawed methodology in determining the amount of infringing items, whether a sentence based on the same arbitrary calculation must also be vacated because deprivation of liberty should receive higher scrutiny rather than criminal monetary sanctions.