circuit split

• USA v. MICHAEL A. KOBLAN, JR.
  No. 0513038p - 02/15/07

We recognize that there is a circuit split on this issue. Compare Logal, 106
F.3d at 1552, with United States v. Christopher, 273 F.3d 294, 299 (3d Cir. 2001)
(concluding that the “order of restitution in this case is more compensatory in
nature than penal” and abatement should not apply to the order of restitution
because absolving “the estate from refunding the fruits of the wrongdoing would
grant an undeserved windfall”), and United States v. Dudley, 739 F.2d 175, 177
(4th Cir. 1984) (concluding that restitution order did not abate by reason of
defendant’s death because of restitution’s compensatory purposes). However, our
precedent is clear and binding on this panel. See United States v. Steele, 147 F.3d